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PIP APPEAL
- Dee6788
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8 years 3 months ago #149031 by Dee6788
PIP APPEAL was created by Dee6788
Hi,
I have a date for my PIP appeal, I've submitted lots of evidence and detailed why and how I meet certain descriptors. I've went over the assessirs report tonight and noticed several errors and omissions so I'm writing another letter to the tribunal. However, I've just noticed that for Taking Nutrition, I was awarded zero points, but the assessor has selected descriptor 'b' in her report, therefore I should have been awarded two points for this (which would have made a difference!!). The DWP has made no mention of this discrepancy in any of their letters to me. Is it a straight case that they should have awarded two points for this, or could they claim that they decided against the assessors descriptor selection (even though they have made no mention of this to me).
Thanks,
Denise
I have a date for my PIP appeal, I've submitted lots of evidence and detailed why and how I meet certain descriptors. I've went over the assessirs report tonight and noticed several errors and omissions so I'm writing another letter to the tribunal. However, I've just noticed that for Taking Nutrition, I was awarded zero points, but the assessor has selected descriptor 'b' in her report, therefore I should have been awarded two points for this (which would have made a difference!!). The DWP has made no mention of this discrepancy in any of their letters to me. Is it a straight case that they should have awarded two points for this, or could they claim that they decided against the assessors descriptor selection (even though they have made no mention of this to me).
Thanks,
Denise
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8 years 3 months ago #149052 by Gordon
It's the DWP Decision Maker that decides what points are awarded, however they should explain there reasoning for each activity on their Statement of Reasons which is sent with the Decision Letter. I'm assuming from your post that that there was no entry for Taking Nutrition.
Although the assessor has recommended you receive two points, you cannot assume that the Tribunal panel will agree, you need to show that you meet the criteria for this Activity, the panel will be starting from scratch to see whether you qualify.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL
Dee6788 wrote: Hi,
I have a date for my PIP appeal, I've submitted lots of evidence and detailed why and how I meet certain descriptors. I've went over the assessirs report tonight and noticed several errors and omissions so I'm writing another letter to the tribunal. However, I've just noticed that for Taking Nutrition, I was awarded zero points, but the assessor has selected descriptor 'b' in her report, therefore I should have been awarded two points for this (which would have made a difference!!). The DWP has made no mention of this discrepancy in any of their letters to me. Is it a straight case that they should have awarded two points for this, or could they claim that they decided against the assessors descriptor selection (even though they have made no mention of this to me).
Thanks,
Denise
It's the DWP Decision Maker that decides what points are awarded, however they should explain there reasoning for each activity on their Statement of Reasons which is sent with the Decision Letter. I'm assuming from your post that that there was no entry for Taking Nutrition.
Although the assessor has recommended you receive two points, you cannot assume that the Tribunal panel will agree, you need to show that you meet the criteria for this Activity, the panel will be starting from scratch to see whether you qualify.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dee6788
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8 years 3 months ago #149083 by Dee6788
Replied by Dee6788 on topic PIP APPEAL
Thanks Gordon, glad I haven't posted the letter yet, will make some changes.
Regards,
Denise
Regards,
Denise
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