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- ken
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7 years 3 months ago #177520 by ken
Further to previous post was created by ken
Hi I got part of my previous post wrong it should have read reached the age of 65 before the 8/4/2013 not born before or after.
Also I take it that the government are backing down on forcing appellants to undergo treatment so that they cannot apply for PIP ie obese people etc, does this mean for things such as knee and hip replacements as well, I mean some people might rather put up with the pain than face an operation if they have a morbid fear of operations.
Also say if two people have exactly the same condition where before PIP they both got indefinite DLA awards, their dates of birth differed by one day, and one fell under the PIP umbrella the other did not, the younger one lost their PIP claim but the other one still gets theirs because of age where is the justice in that?
Also I take it that the government are backing down on forcing appellants to undergo treatment so that they cannot apply for PIP ie obese people etc, does this mean for things such as knee and hip replacements as well, I mean some people might rather put up with the pain than face an operation if they have a morbid fear of operations.
Also say if two people have exactly the same condition where before PIP they both got indefinite DLA awards, their dates of birth differed by one day, and one fell under the PIP umbrella the other did not, the younger one lost their PIP claim but the other one still gets theirs because of age where is the justice in that?
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- Gordon
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7 years 3 months ago #177544 by Gordon
The DWP have never been able to force treatment on a claimant, it would violate Human Rights law, however, they can make reasonable assumptions about how a claimant would be if they undertook the treatment and base a Decision on this, so if someone is unable to undertake a treatment then they should explain why to avoid this happening.
Gordon
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Replied by Gordon on topic Further to previous post
ken wrote: Also I take it that the government are backing down on forcing appellants to undergo treatment so that they cannot apply for PIP ie obese people etc, does this mean for things such as knee and hip replacements as well, I mean some people might rather put up with the pain than face an operation if they have a morbid fear of operation?
The DWP have never been able to force treatment on a claimant, it would violate Human Rights law, however, they can make reasonable assumptions about how a claimant would be if they undertook the treatment and base a Decision on this, so if someone is unable to undertake a treatment then they should explain why to avoid this happening.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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