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New claim PIP Appeal, Phonecall offering Amendment

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7 years 2 months ago #180428 by Miss P
Good Morning
I am currently appealing the decision to award me the standard rate for both living and mobility rates of a new PIP claim. My hearing is on 21st February and I received a telephone call today from someone from DWP appeals department stating that due to the further evidence I supplied supplementary information was received from HP advising to increase my living to enhanced but no change on mobility I was awarded 10 points for this as it was agreeable that I can walk between 20-50 metres. I was awarded 0 points for planning and following an unfamiliar journey without assistance. My Gp sent a letter detailing my mobility issue with regards to severe leg and ankle swelling and back and abdominal pain due to a bladder issue, breathlessnees when mobilising even short distances due to asthma and that I cannot go out because of anxiety due to my bladder issue and pointed out that I need assistance using an aid for toiletting hence the living part being offered as enhanced now. I was told that it is a telephone offer and they cannot releases any payment until I accept but they will not be putting it in writing as that would constitute a final decision. I have not seen this supplementary evidence and explained that I am not able to make a decision over the telephone so the gentleman said that I am refusing the offer. I stated that again am not able to make that decision without seeing what they see as I may not agree with their findings. Is this normal practice to try and push me to accept their offer without being privy to all the information used to make the offer. I was told the supplementary info would be sent to me and that I would need to call in to accept by 16/02/17 as my hearing is on the 21/02/17. I'm wondering if I should continue with the tribunal hearing which I am very nervous about. My GP letter explained that I have been referred to counselling for my anxiety, that I have accidents due to my bladder and that I have been referred to district nurse for help with catheterising. The gentleman said that they would not be making a submission to court and that the court may not take any notice of the supplementary recommendations of increasing my points to be awarded enhanced living rate. I am a bit confused as to what to do now.

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7 years 2 months ago #180462 by Gordon
Natasha

There's an obvious issue as to what the new evidence is, it could simply be your reasons for making the appeal, but that aside the DWP are required to review new evidence and if it results in them reconsidering the number of points offered and that is to your favour then they are obliged to contact you.

Their reticence to put anything in writing is likely because of there still being a discrepancy between what they are offering and what you are looking to achieve at appeal.

Only you can make the decision as to whether to accept this offer or not but be aware that the Going Out activity is restricted to mental health issues, cognitive problems or problems due to sensory issue.

If you do accept the offer then your current appeal will be lapsed but you have a new right of appeal as a result of this new Decision, please don't say that you still intend to appeal when accepting the appeal as the DWP will be forced to withdraw their offer.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Miss P

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7 years 2 months ago #180494 by Miss P
i do not go out due to my anxiety because I feel insecure in unfamiliar places. I have embarrassing accidents at home so this leaves me feeling worried about this happening if I go out. Also I worry the pain it causes me if I have to stand for any long periods of time. It just seems safer for me to stay at home. I take medications for pain that leave me feeling drowsy and unable to concentrate enough to drive. Most of my appointments I have to be taken to with the exception of my doctor as it is a familiar place and only round the corner. Will the fact that I am anxious about going out constitute mental health issues if I am worried about soiling myself in public?

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7 years 2 months ago #180511 by Gordon

Miss P wrote: i do not go out due to my anxiety because I feel insecure in unfamiliar places. I have embarrassing accidents at home so this leaves me feeling worried about this happening if I go out. Also I worry the pain it causes me if I have to stand for any long periods of time. It just seems safer for me to stay at home. I take medications for pain that leave me feeling drowsy and unable to concentrate enough to drive. Most of my appointments I have to be taken to with the exception of my doctor as it is a familiar place and only round the corner. Will the fact that I am anxious about going out constitute mental health issues if I am worried about soiling myself in public?


The legal requirement is that you have "overwhelming psychological distress", can you show this?

I can't state that you won't score points for your continence issues but we have seen other members failing to do so under similar circumstances.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Miss P

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7 years 1 month ago #182317 by Miss P
Hi Gordon,

I had my hearing today. It was adjourned as DWP did not submit their supplementary advice that they said they would with regards to my offer or the reconsideration due to further medical evidence. It was unclear to the tribunal what they were offering. The judge said that they cannot blackmail me into taking an offer over the phone so as to end my tribunal as it needs to be done in writing as a decision. With regards to overwhelming distress I do believe that this has been covered by a further doctors letter. The DWP have been directed to provide a decision notice recording award made subsequent to the new medical advice received and they have 28 days to do so. The tribunal will also be requesting my full medical records.
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