× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP Mobility Review Update

Ryan Bradshaw
forum member

Leigh Day, Manchester

Send message

Total Posts: 110

Joined: 17 June 2010

Things had stalled due to Covid-19 but it looks like the DWP are back at it and the results are worse than ever:

I have compared the progress from 5 Jan 2020 (https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-5-january-2020/pip-administrative-exercise-progress-on-cases-cleared-at-5-january-2020) to 17 Jan 2021 (https://www.gov.uk/government/publications/pip-administrative-exercise-progress-on-cases-cleared-at-17-january-2021/pip-administrative-exercise-progress-on-cases-cleared-at-17-january-2021)

The latest figures indicate that since 5 Jan 2020 there have been 340,000 cases reviewed with only 700 showing a revised award from this review so 0.21% of the reviewed cases. There is clearly something very awry with their methodology that is resulting in people with mental health conditions being denied the correct award for PIP despite the judgments in MH & RJ.

The original assessment was that 14% of cases would see an improved award and backdated payment, this was the figure presented to the Courts and parliament to try and avoid any further detailed scrutiny of the DWP and their approach.

If anyone has a service user who has had their review result recently, it is negative and you think it is wrong we have angles to work beyond simply challenging the review outcome here.

We need to challenge this appalling attempt to circumvent the law or it will continue to happen time and time again.

Tony.W
forum member

IMP - North Liverpool CAB

Send message

Total Posts: 5

Joined: 28 January 2011

Hiya Ryan
I have picked up an appeal for a client which is due to be heard on Friday 10.45.

Client was turned down on 15/11/2016 and asked for a MR but did not appeal.  (Awarded 2pts D/L and 0pts mob).  DWP are stating that as there was no appeal then it can’t be looked at because outside of the 13 month time limit and it “is not an issue that can be considered by the Decision Maker or the Tribunal.”

Reapplied in 2017 and awarded Enhanced D/d and standard mobility (10pts 1e) from 28/12/2017.

I’m interested in anything you have to offer.
Tony

Ryan Bradshaw
forum member

Leigh Day, Manchester

Send message

Total Posts: 110

Joined: 17 June 2010

Hi Tony

Thanks for the reply.

My contact details are here: https://www.leighday.co.uk/about-us/our-people/senior-staff/ryan-bradshaw/

Would be happy to hear from you to discuss what can be done.

ellie
forum member

Tribunal judge

Send message

Total Posts: 16

Joined: 4 August 2014

Hi Tony/Ryan
Would you mind a brief update on what happened at that appeal? I’m intrigued

Ryan Bradshaw
forum member

Leigh Day, Manchester

Send message

Total Posts: 110

Joined: 17 June 2010

Hi Ellie,

At the minute I am gathering ammo to go to the DWP and try to get to the bottom of what this LEAP review has actually consisted of.

We think that any challenge is best coming from an organisation rather than an individual but we may need to re-visit this or even gather case studies. There is something very wrong going on here that much is apparent.

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3537

Joined: 14 March 2014

Mind is seeking to address the potential unlawfulness of how the Secretary of State is carrying out the review especially due to their failure to seek relevant evidence before making decisions.

Mind is looking for a claimant who is willing to challenge this, who has received the LEAP review decision recently and ideally within the last month or two. In addition, it would support the challenge if the claimant has been awarded descriptor 1b of the PIP mobility component prior to early 2018, when the MH judgment began to be applied.

Do you have a client who would like to be involved in this challenge? If so, please email .(JavaScript must be enabled to view this email address)

[ Edited: 18 Jan 2022 at 03:08 pm by Daphne ]
Ryan Bradshaw
forum member

Leigh Day, Manchester

Send message

Total Posts: 110

Joined: 17 June 2010

Ryan Bradshaw - 27 April 2021 01:20 PM

Hi Ellie,

At the minute I am gathering ammo to go to the DWP and try to get to the bottom of what this LEAP review has actually consisted of.

We think that any challenge is best coming from an organisation rather than an individual but we may need to re-visit this or even gather case studies. There is something very wrong going on here that much is apparent.

The recent report from the PHSO is very instructive: https://www.ombudsman.org.uk/sites/default/files/HC956_An_investigation_into_the_Department_for_Work_and_Pensions….pdf

 

[ Edited: 17 Jan 2022 at 09:07 pm by Ryan Bradshaw ]
Subo
forum member

Derbyshire County Council

Send message

Total Posts: 11

Joined: 16 September 2020

Hi - please can anyone advise me about this scenario with LEAP…
We receive an appeal which the client wins at tribunal and is awarded mobility d, e or f.  The decision was made in 2020 for example.
We then challenge a LEAP decision which was buried in the DWP submission. The LEAP decision is reviewing an earlier decision to the one that the Tribunal ruled about & the client was given mobility 1b at that point, in 2017 for example. We request a mandatory reconsideration.
The DWP then write back stating there is nothing to review because of the tribunal ruling, and that they cannot overrule the tribunal. Yet we were not asking them to do that. We were asking them to review the earlier decision.

Has anyone come across this.
Thanks