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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP reviews-unacceptable delays

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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PIP review pack completed and returned 04/03/2024 (deadline was 06/03/2024), for a client with severe mental health issues.

Client has now received a letter from PIP advising that her review is “underway” but not to expect a decision before September 2025!

So it’s official? PIP reviews now taking 18 months to process. What is going on?

The whole process has caused my client a huge amount of worry (MH issues mean she over-ruminates significantly, and she has now convinced herself the delay means a refusal). Yet DWP appear utterly oblivious to the suffering their incompetence and “unfitness for purpose” is causing.

I’m considering raising a complaint through the MP, based on ECHR Article 6 (right to a decision in a reasonable timescale). Has anyone tried this, and if so, did it work?

HarlowAC
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Harlow Advice Centre

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Hi

Have you seen the letter the client refers to?
I might be wrong but I suspect the letter might simply extend her current award to September 2025 rather than be saying that she won’t get a decision before then.

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Total Posts: 635

Joined: 2 June 2015

HarlowAC - 27 August 2024 03:49 PM

Hi

Have you seen the letter the client refers to?
I might be wrong but I suspect the letter might simply extend her current award to September 2025 rather than be saying that she won’t get a decision before then.

The award is extended to September 2025, yes, but this definitely began as a review (short form). My point is that the client in this case has been subjected to significant worry and anxiety, when DWP could merely have extended the award without requiring her to fill in a form, obtain medical evidence and ruminate endlessly about assessments (which cause particular distress). Indeed, why not just award for the additional 18 months in the first place?

GfordMacCW
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Macmillan Welfare Rights, Citizens Advice Guildford

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Hi Benny, I’ve got a case with similar delays. Completed the review form in November 2023, they were quoted a 10 month wait when they followed up in February.
Just checked in with the client again this week and she’s had a letter saying her award’s been extended for another 12 months due to backlogs.

Kizza
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Advice and Guidance Coordinator, CCP Gloucestershire

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All pip reviews are taking nearly 12 months. I’ve got several that are waiting.

Jo_Smith
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Citizens Advice Hillingdon

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I am currently assisting several clients who submitted Award Review forms around 12 months ago. I have no clients who have waited less than that.

Elliot Kent
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Shelter

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Someone did an FOI which indicates that the median waiting time is 50 weeks (https://www.whatdotheyknow.com/request/pip_review_delays#incoming-2540535).

There was a judicial review considering PIP delays almost a decade ago - R(C) v SSWP [2015] EWHC 1607 (Admin). The delays in that case were similar in duration and were unlawful on common law grounds (not human rights). Arguably the situation might be distinguishable in the DWP’s favour because the claimants at least get their payments whilst the reviews are ongoing.

Benny Fitzpatrick - 28 August 2024 03:04 PM
HarlowAC - 27 August 2024 03:49 PM

Hi

Have you seen the letter the client refers to?
I might be wrong but I suspect the letter might simply extend her current award to September 2025 rather than be saying that she won’t get a decision before then.

The award is extended to September 2025, yes, but this definitely began as a review (short form). My point is that the client in this case has been subjected to significant worry and anxiety, when DWP could merely have extended the award without requiring her to fill in a form, obtain medical evidence and ruminate endlessly about assessments (which cause particular distress). Indeed, why not just award for the additional 18 months in the first place?

I think Harlow’s point was just that an extension to September 2025 is not the same thing as saying that they expect to make a decision in September 2025. They don’t offer estimates of timescale in individual cases on my understanding.