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- neptuno
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6 years 8 months ago #195921 by neptuno
New awards was created by neptuno
If a new award for PIP or ESA is lower that a previous one made, does the DM have to acknowledge this and give reasons for it being less ?
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6 years 8 months ago #195924 by Gordon
I don't think that there is a good answer to this as it depends on context.
Should they, yes! Do they, no!
Is there a reason for your question?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New awards
neptuno wrote: If a new award for PIP or ESA is lower that a previous one made, does the DM have to acknowledge this and give reasons for it being less ?
I don't think that there is a good answer to this as it depends on context.
Should they, yes! Do they, no!
Is there a reason for your question?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 8 months ago #195936 by neptuno
Replied by neptuno on topic New awards
Wondered if this was grounds for MR....
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6 years 8 months ago #195952 by Gordon
The only grounds you need for an MR is that you believe you should have received a higher award.
Referencing a previous award may show that the DWP have not considered all of the evidence that they could, but the bottom line is that an award will only be made by the claimant showing that on the day of the Decision they met the criteria for a particular award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New awards
neptuno wrote: Wondered if this was grounds for MR....
The only grounds you need for an MR is that you believe you should have received a higher award.
Referencing a previous award may show that the DWP have not considered all of the evidence that they could, but the bottom line is that an award will only be made by the claimant showing that on the day of the Decision they met the criteria for a particular award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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