atos hp recommended pip dwp refuse

nana neesie wrote: hi bro thanks for putting us in touch with age uk they have been marvelous we are getting a banister and grab rails fitted next week we have the councils OT coming out in a couple of weeks we are getting a wheelchair sorted through our doctor and various bath aids /toilet aids ect what they have said after looking at the refused claim is to start from scratch again and they will fill it in as now he is twice as poorly as he was when we started in april and is probley going to be still poorly after the op to attend the appeal what are your thoughts?

Hi nn,

I am really pleased to hear that Age UK have been so helpful !!

What you have to consider is that if you go to appeal, they will only consider how he was at the time of the original adverse PIP decision in April, and will not take into account any deterioration in his condition since April.

On the plus side, if you go to appeal and are successful, any PIP Award given by the Tribunal will be backdated to the start in April and he will receive any monies owed in back pay, whereas if you start a completely fresh claim, he will only receive back payment from the start of the new claim, if he gets a fresh PIP award.

It is very difficult for me to give any accurate recommendations, as obviously Age UK have seen all your PIP documentation first hand and we cannot do that.

If you feel that you do not have the energy, capacity or personal knowledge to go through with the appeal yourselves and Age UK are only prepared to help you with a fresh PIP claim, your only other option would be to seek advice from another source, or go with Age UK's recommendations.

I afraid that is only a decision that you can make.

bro58

Hi nn,

Not wanting to overcomplicate the situation for you, but if Age UK are not prepared to help with your appeal, but are prepared to help with a fresh PIP claim, there is nothing to stop you continuing with your PIP Appeal alone, and still getting Age UK to make a fresh claim for you.

If you were to do this, you would have to keep the fresh claim and the appeal totally separate.

You should take into account that any decision that was made by the Tribunal as a result of your ongoing appeal, would only run from April when you received the adverse PIP decision, until the date of a decision made as a result of the fresh PIP claim made for you by Age UK.

This could work "For", or "Against" you, i.e. :

"For" : As a result of your ongoing appeal, you are not successful, but the fresh PIP claim results in a PIP award.

The fresh claim PIP Award would still take effect from the date of that decision.

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"Against" : As a result of your appeal you are given a PIP Award, but as a result of the fresh claim you are given a lesser award or no award at all.

In this case, the PIP Award given by The Tribunal would only run from April until the date of the fresh PIP claim decision, then the fresh PIP claim decision would take effect !!

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As I stated in my other post, only you can make this decision, but you could discuss the option laid out in this post with Age UK, if you wish.

bro58

will do that bro i will print and show them if you dont mind

do i have to contact dwp and tell them i am appealing while asking for a new claim form thanks

hi there just recieved my tribunal letter telling us they have received our paper work age uk have appealed after seeing my partners MRI and not put in for a new claim i will keep you posted