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DLA to PIP medical evidence.
- LadyLuna
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7 years 3 months ago #178611 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
UPDATE:
I got a letter from the local Tribunal centre with my Appeal number. It says it is a late claim. I telephoned and spoke to a nice gentleman there and after explaining briefly all the hassles with the DWP, he suggested for my piece of mind I could email in copies of the screen shots from the Royal Mail showing the hold up and my receipt of posting.
Is this now the point where I can ask for ESA basic rate to be re-installed? I know its a long shot but I found some info online with regards to not paying it at appeal if you missed a medical on a new claim or repeat claim and not a continuing one.
www.legislation.gov.uk/uksi/2015/437/pdf...siem_20150437_en.pdf
Anyhow, if this letter from the Tribunal is the one which I can ask DWP to reinstate ESA, then I will attempt to do so. Can someone please clarify if this is the letter or do I have to wait for something else?
I got a letter from the local Tribunal centre with my Appeal number. It says it is a late claim. I telephoned and spoke to a nice gentleman there and after explaining briefly all the hassles with the DWP, he suggested for my piece of mind I could email in copies of the screen shots from the Royal Mail showing the hold up and my receipt of posting.
Is this now the point where I can ask for ESA basic rate to be re-installed? I know its a long shot but I found some info online with regards to not paying it at appeal if you missed a medical on a new claim or repeat claim and not a continuing one.
www.legislation.gov.uk/uksi/2015/437/pdf...siem_20150437_en.pdf
Anyhow, if this letter from the Tribunal is the one which I can ask DWP to reinstate ESA, then I will attempt to do so. Can someone please clarify if this is the letter or do I have to wait for something else?
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- Gordon
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7 years 3 months ago #178621 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP medical evidence.
LL
I'm more than happy to be proved wrong.
To receive the Assessment rate during an appeal the claimant has to have had a determination that the claimant does not have Limited Capability for Work, when you fail to return the ESA50 or to attend an assessment then you are treated as not having Limited Capability to Work, being "treated as" is not the same as there having been a determination.
Gordon
I'm more than happy to be proved wrong.
To receive the Assessment rate during an appeal the claimant has to have had a determination that the claimant does not have Limited Capability for Work, when you fail to return the ESA50 or to attend an assessment then you are treated as not having Limited Capability to Work, being "treated as" is not the same as there having been a determination.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: LadyLuna
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- LadyLuna
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7 years 3 months ago #178629 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
I get you Gordon. I'll give it a try anyway 
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7 years 3 months ago #178814 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
Meh...tried and failed. Very abrasive lady at customer services told me I was now fit for work and had to claim Jobseekers and that I could try to Appeal but I missed a medical which the laws says means I am fit for work.
Worth a try anyway.
They have no letter on file or record of me Appealing.
OK questions now on my PIP2.
The main part of my issue is my lack of mobility, however, because of this it hinders me with washing, dressing, cooking, etc, most of the daily living activities. For example if I can stand or move due to pain, I can't cook for myself, shower or even go downstairs. Would it be better to explain this via a diary showing days I cannot weight bear or would it be better just as a written explanation?
Worth a try anyway.
They have no letter on file or record of me Appealing.
OK questions now on my PIP2.
The main part of my issue is my lack of mobility, however, because of this it hinders me with washing, dressing, cooking, etc, most of the daily living activities. For example if I can stand or move due to pain, I can't cook for myself, shower or even go downstairs. Would it be better to explain this via a diary showing days I cannot weight bear or would it be better just as a written explanation?
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- Gordon
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7 years 3 months ago #178820 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP medical evidence.
LL
Although I don't think you are eligible for the Assessment rate, the DWP will not put you on this rate until they have notification from the TS that an appeal has been accepted, from your post their refusal is because they have not had this notification, not because the Assessment rate is not payable. I would try again later in the week.
Forgive me for playing Devil's Advocate but your lack of mobility (I am taking this as written) does not automatically imply that you cannot cook or wash, the DWP will almost certainly take the view that you can do both of these activities sitting down and that their are aids that would allow you to do this.
Although a diary can show the range of your limitations, you must explain, where relevant, why you cannot complete an activity, why you cannot complete it with the use of suitable aids and why you cannot complete it with the help of prompting, assistance or supervision from someone else.
Gordon
Although I don't think you are eligible for the Assessment rate, the DWP will not put you on this rate until they have notification from the TS that an appeal has been accepted, from your post their refusal is because they have not had this notification, not because the Assessment rate is not payable. I would try again later in the week.
Forgive me for playing Devil's Advocate but your lack of mobility (I am taking this as written) does not automatically imply that you cannot cook or wash, the DWP will almost certainly take the view that you can do both of these activities sitting down and that their are aids that would allow you to do this.
Although a diary can show the range of your limitations, you must explain, where relevant, why you cannot complete an activity, why you cannot complete it with the use of suitable aids and why you cannot complete it with the help of prompting, assistance or supervision from someone else.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #178823 by LadyLuna
Replied by LadyLuna on topic DLA to PIP medical evidence.
OK just to clarify Gordon, she initially said when the Appeal letter comes I could send in the medical notes like I did before my assessment, to which I explained I had been on ESA since 2013. She then looked at my notes and saw I was no longer eligable as I had failed to attend a medical and was found fit for work. Then she told me to claim Jobseekers and get money from the council, etc.
The problem I have with my foot is so hard to explain, its not just weight bearing but also intensive pain whether I am sitting or lying down and I can't obviously stand. Which means I need assistance doing these things else I could have an accident. At worst I can't get out of bed on some days.
Sometimes I can't stand to wash for a few days, sometimes can't shower for a week. If I am cooking and the crippling pain comes on I can't continue.
I am wondering, should I just put this all in and see what they award me?
The problem I have with my foot is so hard to explain, its not just weight bearing but also intensive pain whether I am sitting or lying down and I can't obviously stand. Which means I need assistance doing these things else I could have an accident. At worst I can't get out of bed on some days.
Sometimes I can't stand to wash for a few days, sometimes can't shower for a week. If I am cooking and the crippling pain comes on I can't continue.
I am wondering, should I just put this all in and see what they award me?
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