PIP wrongly awarded

[theflamethesword]

NC. Posting here for traffic (sorry!) as no replies on the other board.

Last year I started a claim for PIP as I have chronic conditions that have worsened. On my application form, I clearly stated "not applicable - does not apply" on one section in the daily living part of the application form (I'll refer to this as Section XXX) as my conditions do not affect this. I provided information and evidence for every other section as appropriate.

The initial decision came back as rejected (0 points) early this year, and in their decision they wrote 'you have claimed you need help for Section XXX'...we disagree with this'.

I submitted a mandatory reconsideration where I challenged this and all other points they had made - on the MR I even wrote 'in your decision, you wrote that I claimed to need help with Section XXX, I have never claimed this'.

I recieved a decision letter this week and I was awarded 8 points for daily living, meaning I was eligible for the standard rate of daily living. However, for some reason - they awarded 2 of these points under the Section XXX', even though I have told them twice that my conditions do not affect this. They awarded 2 points each for three other sections but rejected my claims for all remaining sections I did provide evidence and explanations for.

How on earth can this happen?! Do they even read what gets sent in?! How can they award points for something I haven't claimed or submitted evidence for - yet rejected the other sections for which do have evidence?!

If I take the two Section XXX points out of the equation, then I don't qualify at all (as you need 8 points).

I've recieved a lump sum into my bank account and now I will have to pay it back.

Has anyone been in a similar situation? - will PIP re-assess the claim if I point out the error or is it likely to be straight to a tribunal to get it all straightened out, as is usually the next step after mandatory reconsideration?

Sorry if this sounds muddled - my head is spinning with it all.

can you get some help from CAB with this?

i would be wary on here as people claim to know what they’re talking about it and it’s bullshit. You need a real life professional for this

You should ask for help on here

Have you requested the assessment report or are you just looking at the decision letter. Decision maker has to be guided by assessors recommendations and when you see what the Decision maker was sent, it may clarify how they came to their decision. Lot's of errors come from the assessor when they are cutting and pasting

Are you complaining that they've awarded you too many points?
If they didn't think you qualified, they wouldn't have given them to you, especially as its gone to mandatory re consideration which means its been looked at more than once.
How long is the award for?

Appeal is the next stage after reconsideration but if there is a change of circumstances reported it can be looked at again and will need a fresh assessment and a new report. If you have an award you can't put in a fresh claim. Did you have a call from the DM for the reconsideration? If not, you could try requesting an explanation call. HTH

They've assessed it and awarded you points because they feel that the information you provided meant you would/should have been awarded points in that category. So there's no reason why you would have to pay it back.

You will not need to pay this back and personally I would leave well alone

Thank you - will have a look.

I only have the decision letter and not the assessment report - I'll get in touch and ask for a copy. Thank you

I second taking it all to Citizens Advice. Try if at all possible not to spend the money you have been awarded. Put it all into an interest bearing account so at least you can make a bit of money from it.

I would just leave as is. You may disagree with the way the points were awarded. However, you’ve been awarded PIP and this is the most important thing.

I'm not complaining they awarded too many points per se, it's more that points have been allocated in a section which I don't have difficulty with. I don't want to leave myself vulnerable to possible fraud if I don't disclose I believe they have made a mistake.
The award is for 3 years.

They take you being able to do a task as an indicator that you can do something completely different though, and likewise if they think you need help with something it will lead them to conclude you need help with something else. I helped a lady with an application a couple of years ago, they said because she could get in and out of a car she didn't need help with eating and drinking. Bizarre but true. I would imagine it's something along those lines, they decide you need help with X so must in turn need help with Y. They base it on your information, evidence and assessment so I wouldn't be remotely concerned about this. You got an award. Well done.

This is really helpful - thank you.

This is only my guess, so don’t take as gospel. They either haven’t read it. Or other stuff that you’ve written in other sections fits better into section xxx. Thus awarding you the two points. Get proper advice though.

@theflamethesword what happened ? Also with your MR , did someone ring you to go through some bits? I had my call monday and the lady said i only needed 2 points to get it. And that she will giving them to me today. I was abit confused as she never said i have it? And then she asked if my bank details are all the same? And ill have my letter in the next ten days x

Zombie