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6 years 10 months ago #190427 by Margaret
Decisions Decisions Decisions was created by Margaret
Hi
We have appealed and awaiting Tribunal Date. I just want to clarify something and hope you can help.
Initial PIP claim 5 /10/2016
Date DWP received " How your disability affects you " form 30/11/2016
Decision 18/01/2017
Mandatory Reconsideration Request 1/2/2017
Mandatory Reconsideration Decision 21/03/2017
Appeal notice 19/04/2017
DWP have sent their lovely big brown envelope with all the info about the claim. In their Notes they have quoted cases dated 28/11/2016 and 16/3/2017. My understanding is that their decision should be made as at the date of the claim and that subsequent " case decisions" should not be taken into account at Mandatory Reconsideration and Appeal stage. Am I correct in sayng this or can they base decisions on SSWP case decisions after initial application date?
All help appreciated.
Thank you
We have appealed and awaiting Tribunal Date. I just want to clarify something and hope you can help.
Initial PIP claim 5 /10/2016
Date DWP received " How your disability affects you " form 30/11/2016
Decision 18/01/2017
Mandatory Reconsideration Request 1/2/2017
Mandatory Reconsideration Decision 21/03/2017
Appeal notice 19/04/2017
DWP have sent their lovely big brown envelope with all the info about the claim. In their Notes they have quoted cases dated 28/11/2016 and 16/3/2017. My understanding is that their decision should be made as at the date of the claim and that subsequent " case decisions" should not be taken into account at Mandatory Reconsideration and Appeal stage. Am I correct in sayng this or can they base decisions on SSWP case decisions after initial application date?
All help appreciated.
Thank you
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6 years 10 months ago #190435 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Decisions Decisions Decisions
Margaret
It will depend on whether this was a completely new claim for PIP or the result of an invitation to claim PIP as an existing DLA claimant.
If it was a new claim then the Decision should apply from the date that the claim was made, providing there were no issues with you meeting the requirement to have suffered with your level of limitation for three months at that time.
If it was the result of a invitation then it will apply from the date that the PIP Decision was made, not when the claim was made. This will be the date specified in the Decision Letter, not the date of the letter itself (which is normally used).
If you have concerns on the date then raise them with the Tribunal panel.
Gordon
It will depend on whether this was a completely new claim for PIP or the result of an invitation to claim PIP as an existing DLA claimant.
If it was a new claim then the Decision should apply from the date that the claim was made, providing there were no issues with you meeting the requirement to have suffered with your level of limitation for three months at that time.
If it was the result of a invitation then it will apply from the date that the PIP Decision was made, not when the claim was made. This will be the date specified in the Decision Letter, not the date of the letter itself (which is normally used).
If you have concerns on the date then raise them with the Tribunal panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Margaret
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6 years 10 months ago #190471 by Margaret
Replied by Margaret on topic Decisions Decisions Decisions
Thank you Gordon. That information is helpful it was for a new claim for my husband.
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