In this article we are going to present the latest PIP tribunal latest news, so that you are informed and up to date with the latest happening regarding the PIP benefits.
PIP tribunal latest news
You can appeal any decision made about your PIP claim at a PIP tribunal. Some of the most common reasons for appealing are:
- you didn’t get PIP
- you got a lower level of PIP than you expected
- you think your PIP award should last for longer
Whether you are considering appealing the DWP’s decision at a PIP tribunal or you are waiting for your appeal, below you will find the PIP tribunal latest news, in order to stay informed and updated on the appealing process.
Woman in wheelchair stripped of disability benefits because she can walk four steps in assessment – Independent UK
Michelle Wyatt, 45, who had been diagnosed with chronic fatigue syndrome (ME) 23 years ago, was forced to survive on £1 ready meals and without heating after her Personal Independence Payment (PIP) was stopped.
The York resident said the withdrawal of her disability benefit – which amounted to £75 a week and which she had been receiving since 1998 – had left her feeling suicidal.
The decision to stop her support came after a benefit assessor visited her home in December and concluded that she was no longer eligible for PIP – a disability benefit that replaced Disability Living Allowance (DLA) in 2013 – because she was able to walk “four steps” from her wheelchair to her sofa.
The assessment report stated that Ms Wyatt was “able to rise unaided from the electric chair and transfer unaided to the sofa” and went on to conclude that it was “therefore reasonable to suggest she is able to rise and walk more than 200 metres unaided”.
Days after Ms Wyatt was informed that her PIP was stopping, she said she received notice that her Employment Support Allowance (ESA) and housing benefit had subsequently been suspended.
They were reinstated 10 days later, but during that time she said she felt suicidal.
A spokesperson from Disability Rights UK, meanwhile, said: “Hundreds of thousands of disabled people have lost out since the introduction of PIP; this at a time when austerity and other cuts have made day-to-day life more difficult for disabled people.
We strongly urge people to get advice when they are claiming benefits, and use the independent appeals process if they are turned down for benefits they think they are entitled to.”
A DWP spokesperson said: “We are committed to ensuring that disabled people get all the support they are entitled to. We have reviewed this case and, with further information from Ms Wyatt, have reinstated her entitlement to PIP, with a light-touch 10-year review.”
More than 4,500 disabled people wrongly stripped of their benefits, DWP minister admits – Independent UK
The Department for Work and Pensions (DWP) has now acknowledged the blunder – more than one year after a ruling that the disability living allowance (DLA) payments should not have been stopped.
“We expect around 4,600 people to gain as a result of this review exercise,” a statement to MPs says.
The admission was slipped out as MPs left Westminster for their Christmas break, as one of a dozen last-day announcements.
The disability equality charity Scope described it as “deplorable”.
The latest mistake comes hard on the heels of the DWP admitting to £970m of underpayments to people switching to new incapacity benefits between 2011 and 2014.
Asked about the latest blunder, a DWP spokesman said the first payments would be made to some of the 4,600 people who have lost out in the New Year.
However, many have not yet been identified.
It is understood that the department will argue it has taken 13 months to implement the ruling – made in November 2017 – because it needed time to put processes in place to find out who was affected.
It hit disabled people transferring from DLA to claim the replacement benefit called personal independence payments (PIP), who had their payments stopped entirely.
A DWP spokesperson said: “We’re committed to ensuring that people get the support they’re entitled to, which is why we’re undertaking these administrative exercises carefully and thoroughly. We are making improvements so the PIP process works better for people and to ensure they get the right decision, first time round.”
Half of disability benefits appeals won in tribunal court – BBC
In total, more than 550,000 people won an appeal over their benefits at tribunal between 2013 and 2018.
The government said only around 5% of disability decisions were overturned.
Benefits assessments are carried out on behalf of the Department for Work and Pensions (DWP) by the private contractors Capita, the Independent Assessment Services (formerly called Atos) and Maximus.
The success rates showed benefits assessments were beset by “poor decision-making” and “obvious inaccuracies”, charities said.
In 2018, the Commons Work and Pensions Committee said failings in disability benefits assessments had led to a “pervasive lack of trust” in the system.
It said ministers should consider taking the process back in-house.
Daphne Hall, the vice chair of the National Association of Welfare Rights Advisers, said: “The reason for the high success rates [at tribunals] is because of the poor assessments carried out by health professionals.”
“The DWP tends to base their decision purely on these assessments and disregard other evidence sent in by the claimant. However, tribunals will weigh up all the available evidence and talk to the claimant further, which enables them to make much more reasoned and balanced decisions.”
Most of the appeals concerned Employment Support Allowance (ESA), which is paid to people unable to work because of illness or disability; the Disability Living Allowance (DLA), which is paid to people with extra care or mobility needs; and Personal Independence Payment (PIP), which was introduced to replace DLA
- About 553,000 successful appeals were heard at tribunal about disability, sickness and incapacity benefits out of 981,000 from 2013 to 2018
- Last year, around two thirds of cases heard in Great Britain found in favour of the claimant. In Northern Ireland, the figure was around 54% in 2018-19
DWP disabled benefit appeal times skyrocket as PIP wait doubles to all-time high – Mirror UK
Vulnerable people who are denied Personal Independence Payment (PIP) now wait 69 days on average for an internal review by the Department for Work and Pensions.
The figure, dating to July 2019 and published today, is more than double the 32-day average wait in July 2018.
It is thought the ‘Mandatory Reconsiderations’ are taking longer after Tory ministers promised to make them more thorough.
Former DWP Secretary Amber Rudd pledged in March to “enhance” the system “to gather further evidence from claimants and make more accurate decisions sooner.”
Once they have applied for a tribunal, claimants have to wait seven months on average for a hearing – of which 74% end in victory against the DWP.
Michael Griffin of Parkinson’s UK said: “It is no surprise that the Government’s failure to act on the flaws with PIP has resulted in waiting times more than doubling over the last year.
“75% of PIP decisions are reversed when the cases are seen by a tribunal. But people have to wait twelve months on average from the start of this process to get the right decision. In most cases they will not receive any money while they wait. Without the vital financial support that PIP should provide, people are being forced to choose between paying for food or medication. This is simply unacceptable. The Government cannot ignore these delays any longer. Introducing a target time of three months for a case to be heard by a tribunal would reduce at least some of the stress and uncertainty that PIP is causing for disabled people.”
Thousands of PIP disability claimants could be owed cash as payments ‘were wrongly stopped’ – The Sun UK
Thousands of PIP disability claimants are being urged to appeal decisions if their claim was stopped because they didn’t go to an assessment.
It comes after a court ruling which found the government didn’t make it clear to a benefit claimant that failure to attend assessments without a valid reason would result in their claim being denied.
The judge took issue to the following sentence in a letter sent to the claimant from government contractor Atos:
“It is important that you attend this appointment.”
“If you fail to attend without good reason the decision maker at the Department for Work and Pensions (DWP) is likely to disallow your claim.”
Instead, the judge ruled that the letter shouldn’t have been so “ambiguous”, saying something like the following instead: “You must attend this appointment.
“If you fail to attend without good reason the decision maker at the DWP will disallow your claim.”
This case only refers to the claimant involved, and DWP wouldn’t tell The Sun how many people were sent the letter, if it’s still in use, or which government suppliers sent it.
But the Buckinghamshire Disability Service says anyone who had a claim denied and was sent this letter should appeal their decision.
It wrote online: “Thousands of disabled people had their PIP claim stopped because the DWP claimed that you didn’t go to an assessment.”
“If the letter you received telling you about the appointment used the standard wording then you hadn’t been validly notified about the appointment and DWP acted illegally if it then stopped your claim. It doesn’t matter if you did or didn’t have a good reason not to attend, the point is that DWP legally can’t punish you if it sent you an invalid appointment letter.“
Buckinghamshire Disability Service added that if you’ve lost money because your claim has “illegally” been stopped, you may also be owed backdated pay.
In this article we presented to you the latest PIP tribunal latest news, so that you are informed and up to date with the latest happening regarding the PIP benefits appealing process.
Whether you are considering appealing or just like to be kept informed, we hope that this article was useful to you.
Please don’t hesitate to leave you comments and questions in the comments section below.
FAQ about PIP tribunal latest news
How many PIP appeals are successful?
Overall, an extraordinary 73% of social security appeals are successful, with the claimant getting a better award than they originally received from the DWP.
How long do you wait for the DWP tribunal?
Claimants have to wait seven months on average for a tribunal hearing – of which 74% end in victory against the DWP.
What happens after you win a PIP tribunal?
If you win your appeal you’ll receive your new amount of money every 4 weeks.
The DWP will also have to pay you everything they should have been paying you from the date of your claim.
How many people win a PIP tribunal?
In total, more than 550,000 people won an appeal over their benefits at tribunal between 2013 and 2018.
How long does a tribunal take?
It usually takes about one to two months for the Tribunal to decide if it can deal with a complaint.
If the parties agree to mediate, this usually takes about four months from the time the Tribunal notifies the respondent about the complaint.
- Represent Yourself in Court: How to Prepare & Try a Winning Case
- Guide to Government Benefits: Social Security, Medicare, Medicaid, Unemployment Insurance, Disability
- Personal Independence Payment: What You Need to Know
- Nolo’s Guide to Social Security Disability: Getting & Keeping Your Benefits
- Caregiving Diary: Daily and Hourly 245 Page Planner
The Sun UK