Wondering if anyone could give me a view on two questions re. the MH/RJ reviews.
Situation 1: my client’s PIP award was first contacted in feb 2019 stating that they had looked at her award as part of the MH/RJ administrative exercise and not changed their decision. She wasn’t given any prior opportunity to provide any evidence or input. She put in a MR requesting that they look at the award again, not just in relation to MH/RJ principles, but other elements of her PIP award that she didn’t think were correct. The MRN didn’t change the decision and the appeal will be heard next week.
QUESTIONS: should DWP have given an opportunity to provide evidence etc rather than to have just made a decision based on the paperwork as part of the review process? When they did provide a decision, should they have looked at all aspects of the award as highlighted by the client or just the RJ/MH related matters?
Situation 2: the client has been in receipt of PIP since 2016. Her case is clearly MH/RJ review worthy but she has never been contacted. We have asked DWP to do this as part of an any time review request but they have ignored our request. We sent to the tribunal service who have now forwarded to the DWP for response. We have also made a complaint and the DWP have not addressed the issue so now going to ICE.
QUESTION: what are the rights re. forcing a MH/RJ review to be undertaken, if any?
As ever, your thoughts are gratefully received.