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  1. #1

    LEAP Administrative PIP exercise

    Hiya,

    I called PIP today as I wanted to see what was going on with the LEAP administrative exercise regarding the MH and RJ rulings on PIP mobility.

    Someone from the LEAP team called me back and I was told that my case hadn't been looked at as I had an appeal in early 2017. I explained this made no sense as the guidance regarding the MH & RJ rulings hadn't even been implemented by the time of my appeal let alone the DWP decision that I was challenging.

    The lady on the phone said this made no difference and that policy had been effective as of Jan 2021 and I would now have to appeal this directly myself via the tribunal service.

    This doesn't make sense to me and she gave me no kind of official link or document to show this change. Is anyone here aware of this?

  2. #2
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    i had a pip review autumn 2018 and it was as if those court cases had never happened, as not only did i not get 4 points from last time (which were then increased in tribunal) - they actually awarded me nothing, even with evidence

    i find dwp logic/judgement/'opinion' often completely astounding - they seldom make sense to me !!

  3. #3
    Senior Member nukecad's Avatar
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    Quote Originally Posted by grrrrrowl View Post
    The lady on the phone said this made no difference and that policy had been effective as of Jan 2021 and I would now have to appeal this directly myself via the tribunal service.

    This doesn't make sense to me and she gave me no kind of official link or document to show this change. Is anyone here aware of this?
    Yes, I was peripherally aware of it.

    It seems to be simply yet another penny-pinching excercise.
    (Like when they tried to limit backpayment for the IB-ESA cockup ony back to 2014).

    I'm not sure if anyone is challenging it yet, if I find something I'll post it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  4. #4
    Hi nukecad if you go on benefits and work website on the news section there’s a piece on there about it

  5. #5
    Do you have the link? I scanned the first 4 pages and couldn't see anything on this.

    As it goes, it's probably better that I can now appeal it without having to perpetually wait for the DWP decision. It's just ridiculous how they have waited years to do this and it's not even broadly publicised!

  6. #6
    Ok so I've had an official letter stating that LEAP won't be reviewing my case as I had a tribunal in Feb 2017 challenging a decision in Aug 2016. I then reported a change of circumstance at the end of Feb 2017 which led to another medical assessment and on to a decision maker taking away all my points on April 6th 2017. This was appealed again and I won everything back in June 2017.

    I am aware that the government didn't even change the regulations until well after the rulings and in fact on 16th Mar 2017 added the infamous 'For reasons other than psychological distress'.

    Now I don't know when they changed it back but I'm pretty sure it would have been after my June 2017 tribunal.

    Also, I'm not aware if the Tier 1 Tribunals rule on whatever the current PIP guidelines are or whether they immediately implement Upper Tier Tribunal (or higher court) rulings whether they are being appealed by DWP or whether DWP has implemented them or not. I know DWP were appealing the MH ruling (which was later withdrawn).

    If anyone could clarify that then I can work out where I stand on this, any thoughts would be appreciated.

  7. #7
    Senior Member nukecad's Avatar
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    Take a look at this thread from a week ago, it's got the relevant court ruling decision dates and what to do if you have not been automatically included in the LEAP excercise.
    https://youreable.livingmadeeasy.org...AP-case-in-PIP

    Basically you ask the DWP for a review, if they refuse, or decide to change nothing, then you can go the tribunal route.

    But I'm not sure if the letter that you got just says that you are not automatically included in the LEAP, or if it says they are refusing to look at your case at all?
    If it only says that you have not been automatically included then you may need to contact them again (I'd do it by letter) asking them to look at your case specifically.

    Does the letter you got say anything about appealing? Or about asking for a review yourself?

    I've had an official letter stating that LEAP won't be reviewing my case
    To me that sounds like typical DWP weasel wording.
    ie, Saying that you haven't been included automatically in the LEAP, and so trying to give the impression that you can't ask for a review at all.

    Note that when anees292 contacted Citizens Advice for help they were clueless about the PIP LEAP excercise, you may have more luck with them in your area or may want to try a different advice centre. (Or go it alone, at least to start with).
    Last edited by nukecad; 16-04-21 at 11:13.
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    Migration from ESA to Universal Credit- Click here for information.

  8. #8
    My case was put forward for immediate review and the LEAP team have said they are unable to overturn/amend tribunal decisions and so cannot review my case. I'm just unsure as to whether the tribunals on those dates would have made their judgements with the MH/RJ rulings or not (even though the DWP at the time were appealing and not implementing the rulings)?
    Last edited by grrrrrowl; 16-04-21 at 15:59.

  9. #9
    Senior Member nukecad's Avatar
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    Fair enough it seems that the DWP are saying they have reconsidered your case and refused to make any change to the original decision(s).

    Which leaves you the option of appealing to the tribunal.

    TBH the DWP seem to have a vendetta about any decision that has been made at tribunal. (The DWP don't like being told by the courts that they are wrong).
    We are seeing it in all benefit decisions made by tribunal.
    eg. ("We are extending all PIPawards because of covid - but can't extend PIP if it was awarded at tribunal" there is no legal reason for that just pique).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #10
    I will absolutely take it to tribunal but unless I know my 2 tribunals in 2017 were judged under the rules before the MH and RJ rulings came into effect then there's no point.

    Do you know how I would find that out?

    Also, if I did want to take it to tribunal, do you think they would let me challenge it with it being 4 years ago? (mitigating circumstance being that DWP only told me they wouldn't be reviewing during this week).

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