Author Topic: PIP All 1.6 million claims to be reviewed  (Read 1927 times)

lankou

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PIP All 1.6 million claims to be reviewed
« on: January 29, 2018, 09:55:39 PM »
There must be rending of clothing and gnashing of teeth at the DWP.

http://www.bbc.co.uk/news/uk-42862904

Personal Independence payments: All 1.6 million claims to be reviewed

2 hours ago

 Every person receiving Personal Independence Payments (PIP) will have their claim reviewed, the Department for Work and Pensions has said.

A total of 1.6 million of the main disability benefit claims will be reviewed, with around 220,000 people expected to receive more money.

It comes after the DWP decided not to challenge a court ruling that said changes to PIP were unfair to people with mental health conditions.

The review could cost £3.7bn by 2023.

The minister for disabled people, Sarah Newton, said the DWP was embarking on a "complex exercise and of considerable scale."




She added: "Whilst we will be working at pace to complete this exercise it is important that we get it right."
Ministers made changes to PIP in 2017 which limited the amount of support people with mental health conditions could receive.

As a result, people who were unable to travel independently on the grounds of psychological distress - as opposed to other conditions - were not entitled to the enhanced mobility rate of the benefit.

'Vital support'

The government pressed ahead with the proposals, despite criticism from an independent tribunal in 2016.

But in December, a High Court judge ruled the alterations "blatantly discriminate" against people with psychiatric problems and were a breach of their human rights.

Last week, new Work and Pensions Secretary Esther McVey announced the government would not appeal against the judgement, despite not agreeing with certain aspects of it.

Mark Atkinson, chief executive at disability charity Scope, said more was needed to address the issues with PIP.

"While it's crucial that the government urgently identifies and pays the vast numbers of disabled people who lost out on this vital support, this will not address the root of the problem," he said.

"The fundamentally flawed PIP assessment needs a radical overhaul so it accurately identifies the extra costs disabled people face."


Monic1511

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Re: PIP All 1.6 million claims to be reviewed
« Reply #1 on: January 29, 2018, 10:02:08 PM »
The general staff will just brace themselves for another substantial backlog of identifying older claims that "may" be due additional points under the mobility criteria.

But I was also sent this where Mcvey is trying to limit the amount of backdating due to DWP official error
https://www.disabilityrightsuk.org/news/2018/january/nawra-receives-reply-esther-mcvey-over-potential-esa-underpayments

Sunny Clouds

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Re: PIP All 1.6 million claims to be reviewed
« Reply #2 on: January 29, 2018, 11:00:14 PM »
I posted something about this on another website (Mustardland) and there were various comments along the lines of this being viewed, perhaps, as an opportunity to trawl through past claims in the hopes of rejecting lots, perhaps more of the physical claims.

I don't feel particularly objective about any of this.  A government that can so comfortably stick two fingers up at the UN human rights commission more than once about disability benefit cuts will find some other way of cutting benefits instead.

I dearly hope I'm wrong.

I will be open.  I expect to inherit enough not to have to worry financially.  But that won't exempt me from the anti-disabled attitude that government after government is stirring up.

Maybe others can find more positive things to say.  I'm aware that being in the middle of other things, a PIP appeal and probate, I'm feeling rough. 
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

SteveX

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Re: PIP All 1.6 million claims to be reviewed
« Reply #3 on: January 30, 2018, 12:05:51 AM »
Does this affect esa in any way or is it only for people claiming pip?
Member of POMMAS

Monic1511

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Re: PIP All 1.6 million claims to be reviewed
« Reply #4 on: January 30, 2018, 07:38:22 AM »
The original post is just about PIP, the link I posted is about people not being paid the correct premiums when transferred from incapacity benefits to esa and it’s millions of pounds underpaid.

JLR2

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Re: PIP All 1.6 million claims to be reviewed
« Reply #5 on: January 30, 2018, 08:05:02 AM »
Can't help wondering how reassessing these 1.6 million claims is going to impact on the current program of moving existing ESA claimants over to Pip?  Is the DWP going to put a hold on moving folk from ESA to Pip or will it simply send letters to many, many thousands of claimants telling them, 'sorry you have not qualified for backdated increases in your disability benefits' ?  A bit like when someone finds  a voucher in a sale product telling them they've a chance of winning a holiday or a car only to learn when they apply or enter the voucher's code that they, 'have not been lucky this time'.

I'm suspecting that scenario because even though there is the backlog in claimants being moved over there is no word from the DWP about where the DWP decision makers are going to find the time to carry out these 1.6 million reassessments.

Fiz

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Re: PIP All 1.6 million claims to be reviewed
« Reply #6 on: January 30, 2018, 12:06:39 PM »
JLR2 I think you mean transferring people from DLA to PIP? And I agree this may well slow the process down.  If mental health had been taken into account with my PIP application then I would definitely have been awarded a mobility element so I await to see whether I am a case that is reviewed and gains a mobility award.

However as it's behind the scenes and we already know how many applications are turned down on initial application and then remain turned down at reconsideration stage and then that decision is overturned at tribunal allowing the claimant the award, my trust in the DWP's ability to assess an application to see whether someone should have been awarded a mobility element of PIP on mental health grounds is precisely zilch.

I think an independent body should be working through the applications,  not the DWP.

KizzyKazaer

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Re: PIP All 1.6 million claims to be reviewed
« Reply #7 on: January 30, 2018, 09:20:16 PM »
On the surface of it, I like the sound of an independent body, Fiz - but having worked for the DWP and remembering the weeks of training to be an Income Support processor, it's going to be a lot less expensive (and less time-consuming) for the department to use existing staff already trained up...

The BBC report says all PIP claims to be reviewed, but is that really the case?  My understanding was that only mobility claims disallowed since the new ruling would be re-assessed.

Sunny Clouds

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Re: PIP All 1.6 million claims to be reviewed
« Reply #8 on: January 30, 2018, 10:08:37 PM »
But how do they know?  My (new-style) PIP form didn't ask about the sort of mobility needs they stopped paying out for, so where will they get the info from?  They say they won't carry out assessments, but will they even seek relevant info?  I wish I didn't think this will just be a token exercise with no helpful result.
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

Monic1511

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Re: PIP All 1.6 million claims to be reviewed
« Reply #9 on: January 30, 2018, 10:33:35 PM »
How will they review PIP decisions.  This is my suggestion and not official advice
The rules were changed on 17/03/17.  Any decisions made between 17/03/17 and 21/01/18 (when the secretary of state accepted the changes made were illegal) will be looked at and if the claimant mentions mental health then the case will be passed to decision makers for review.
The decision maker will look at the evidence and if the claimant indicates that they believe they meet any of these criteria then the decision maker will need to decide if there is enough evidence in the papers and make a new decision or send a decision letter to the claimant saying they don't meet the criteria.

The descriptor affected by this judgement is the Mobility Planning and following journeys specifically C D and F
a. Can plan and follow the route of a journey unaided.  0
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant.  4
c. Cannot plan the route of a journey. 8
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.  10
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.  10
f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.  12

So if there is info on the papers that shows you meet C D or F then a revised decision should be made.

Sunny Clouds

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Re: PIP All 1.6 million claims to be reviewed
« Reply #10 on: January 30, 2018, 10:56:13 PM »
But many people applying may have known or those advising them may have known that what they could get the mobility component for had changed, so they wouldn't have given the relevant info.

I was careful when filling in my PIP application to use all the prompts as headings, but they didn't ask/prompt for information that would have enabled them to assess this.

So how can they decide whether someone has met the criteria without an initial letter saying "We've changed the rules again.  We forgot to make sure we asked you all the info we need about problems you have getting about."

Oh well, what will be needed will be a massive, vocal campaign to get everyone with mental problems to challenge any revised decision they are sent.

(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

Sunny Clouds

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Re: PIP All 1.6 million claims to be reviewed
« Reply #11 on: January 31, 2018, 11:34:51 AM »
I confess I put some very blunt comments at the start of the mobility section of my PIP claim along the lines of "I'm answering the questions because you've asked them, but I'm well aware that the PM has taken the view that mentally ill people aren't really disabled and don't have mobility problems, so I'm not expecting the mobility element."  (That's from memory, not looked up.)

I've been getting into further and further meltdown over time over this, and now I've realised that if I don't mention the mobility bit in my appeal and they don't consider it, that'll be me stuffed on it.

I have to keep telling myself that what I need to do is to just say I appeal that bit of the decision and that I'll send more evidence later.

The tribunal guidance says you're supposed to specify which bits you're appealling, not just 'I want to appeal'.   That's close to an open invitation to the likes of me just to write a 500 page thesis.   >yikes<

All I can do just now is cry.  I'm desperately trying to think of where I could go to sit and write things by hand on paper.  (I don't have a tablet or i-thingummy.)  That would keep me calm because I can type fast and if I go on my computer I come here and I'd also run rampant round the news and disability sites about what's happening with PIP.

I woke at about 8.30 and got up at about 10.30 and it's now 11.15 and I haven't finished my breakfast.  The time in between went partly typing this and partly just crying and partly feeling horribly negative about the future.  I keep having daymares about horrible things happening.  I imagine one of my regular falls leaving me helpless.  I have no one to fight my corner. 

It would be so much easier if it were summer.  I've a garden and there are parks.  But I feel the cold.  Maybe the answer is a café in a shop or department store, because it's not school holiday time and if I pick a middle class one the music will be quiet etc.  (Babies screaming wouldn't bother me, it's kids running round that would, and loud discussions/arguments, and loud music.) 


(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

Monic1511

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Re: PIP All 1.6 million claims to be reviewed
« Reply #12 on: January 31, 2018, 07:54:08 PM »
Sunny Clouds

Have you had a PIP decision and we have done the MR, sorry I forget a lot and need constant prompting.
If you're at the waiting for appeal stage then I can give you some guidance with a submission.
face to face subs are best cos they see the real you

sorry if we have already spent time on this
 >bighugs<
Monic

Sunny Clouds

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Re: PIP All 1.6 million claims to be reviewed
« Reply #13 on: January 31, 2018, 08:27:14 PM »
I've had the mandatory reconsideration, although they're plonkers on their paperwork and timing, because they gave me until the 12th as an extension after saying my previous request was in the wrong format.  (Just send neat, tidy, stapled A4 sheets, folks.)

Then they sent a decision dated the 11th saying I hadn't sent further info, but they'd signed for my formal written request with extra info at 6am.  I think they're trying to say they didn't read it, except there's something in the wording of the reconsideration that suggests they did (a technical terminology point I picked them up on.)

Anyway, I thought I'd got it drafted and was going to finish it today, but I spent most of today in tears.  I've an appointment with a charity on Friday.  I've explained that I'm longwinded, but that I think I've whittled my appeal down to the bare minimum, but the tribunal guidance does make it clear you shouldn't just say 'I want to appeal', they want to know which points etc.

It's this PIP mobility thing I'm doing my fruit over because of the timing, but a friend who's been through the appeal process herself has reminded me that you can send further evidence up to 7 days before the hearing, which will be months away, so I think I'll just put something to the effect that in the light of the government's recent announcement I want to appeal the mobility element and will submit any further evidence I think may help the tribunal.

But if you'd seen the way I worded the original application, making it clear that I knew I wouldn't get the mobility element, you'd see why I've had a bad day.

Something that really, really doesn't help is that one of my closest friends has just discovered she's dying and her partner, a very, very close friend who'd otherwise help me through this is, obviously tied up with helping her.

We'll see whether the charity adviser will be able to do as I need with my rough draft and give me feedback on whether it's succinct enough, and then I can type it up.  (I'll put 'see attached' on the form because my handwriting's atrocious when I'm stressed.)

I shall ask for a hearing.

I'm also going to ask them to specifically address the fact that the DM said my hearing must be ok because I served in the armed forces.  If they were to uphold that proposition, it would be an insult to a generation of soldiers like me that served after the army discovered ear defenders could protect hearing but before they ensured we used them or warned us they were necessary.  (I thought they only mattered on indoor ranges.)
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

KizzyKazaer

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Re: PIP All 1.6 million claims to be reviewed
« Reply #14 on: January 31, 2018, 09:21:23 PM »
Sunny - I'm so sorry about your friend  >hugs<

It's good that you are seeing someone to look through the submission with you - a fresh pair of neutral eyes can make all the difference...