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Withdraw a review request for PIP
Issue
Can a claimant withdraw the request to review her claim of PIP without it having an adverse effect on her current award?
Background.
I spent about a year and ½ working with my client before we finally got her, at first tier tribunal, an award of the standard rate daily living component and the enhanced rate of the mobility component. Indeed, the tribunal went so far as to say that it was “inappropriate to fix a term” for further of assessment.
In my view, this it is the correct award.
Unfortunately, my client feels that she should be in receipt of the enhanced rate of daily living component; I do not. Against advice, she has requested a review.
We met briefly yesterday, she now agrees with me and does not wish to pursue the review. However, she has a PIP review form with the deadline for return.
Concerns
I do not wish her to lose her current award.
If she contacts the Department and says “I do not wish to review this award any more”, will they simply mark it no further action? Or, is it the case that she must complete the review form because she requested it?
I would be most grateful for your opinions on this matter.
As far as I know the review process can’t be stopped. If the form is issued and not returned a decision will be made that there’s no entitlement and the award will end. The review form should be completed to indicate that nothing has changed and returned. With any luck they will make a new decision that is the same as the one the tribunal made. Otherwise it may entail a return visit to the tribunal.
Although in this case you had advised the person not to seek a review I have come across several where people had a minor change to their condition and reported a change of circumstances leading to a review that could not result in a changed award. The example that sticks in my mind was a person who could walk around 30 metres unaided whose condition deteriorated so they had to use a stick to walk that distance. Due to the way points for mobility add up that could never change the entitlement even though they get 10 rather than 8 points on mobility activity 2. For that reason I have always advised people they should seek advice before they report any change of circumstances.
I did have a case where the claimant was getting daily living but wanted help with mobility. As her worsening happened after she was 65 she could not qualify for mobility. I did ring the PIP helpline and they did cancel the supercession request without any problems and her award was left alone without us needing to return the form.
I think calling up isn’t a bad idea. I have had one or two cases where reviews have been requested in error and we have been able to get the DWP to retract them by asking nicely.
I find it terrifying the number of claimants who believe you should report all changes of circumstances. Interestingly, that’s the advice on the CA web site.
I have come across this scenario myself, I couldn’t find a clear and unequivocal answer in the regs, but wanted to avoid a review request going ahead if possible because of the risk to the existing award.
I called the DWP with my client present, and explained that although there had been a minor change in her condition, I had discussed this with her in relation to the PIP descriptors and we concluded that it would not have any impact on the number of points scored (which is exactly the discussion we had had). I explained that as such, my client no longer wished to pursue a review of her claim as there was not a relevant change in circumstances.
I was told that the form did not need to be returned and that no further action would be taken and the original award would remain in place.
I would say the most important thing is making sure you pin down the person on the helpline into actively and explicitly confirming that the form no longer needs returning, and of course make a note of the date, time, name and contact centre of the person you speak to, just to arm you in case of any future problems.
Hope that helps.
I have come across this scenario myself,
Hope that helps.
and me; I’ve had no problem withdrawing intervention requests where they’ve been made inappropriately.
Having just read this thread, it reminded me of my client from earlier this year who suffers from ischaemic heart disease and numerous other heart related conditions. My client receives PIPSRDL and ER Mob on going (correct awards in my opinion). My client had a change of Consultant Cardiologist (her previous Cardiologist had retired) and thinking she had to report all changes to PIP she reported this without seeking advice first and was subsequently sent out another PIP2 form to complete. No matter what we did DWP/PIP would not withdraw/retract the request to complete the new PIP2 form (common sense went completely out of the window). Fortunately I had helped my client with the original PIP application and we still had copies of the previous form and medical evidence etc. Anyway to cut a long story short, we completed the new PIP2 form and my client after another PIP medical assessment was awarded again PIPSRDL and ER Mob on going. It was however a lot of extra work that was not really required and caused additional stress and anxiety to a client who thought they were doing the right thing by reporting a change.