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- coolboy53
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8 years 3 months ago #149070 by coolboy53
pip was created by coolboy53
i just wondered if i can apply again for pip i was awarded standered rate on both mobility and care in aug 2015
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- Gordon
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8 years 3 months ago #149085 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip
S
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If you have a current award then you cannot make a new claim.
If your current award is about to end then you should contact the DWP as you should be sent the forms for a renewal at least 20 weeks ahead of the award ending.
If you are not happy with the award that you received then I would have a look at the PIP Appeal guide for more information and come back to the forum if it is something that you want to look at in more detail.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If you have a current award then you cannot make a new claim.
If your current award is about to end then you should contact the DWP as you should be sent the forms for a renewal at least 20 weeks ahead of the award ending.
If you are not happy with the award that you received then I would have a look at the PIP Appeal guide for more information and come back to the forum if it is something that you want to look at in more detail.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- coolboy53
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8 years 3 months ago #149144 by coolboy53
Replied by coolboy53 on topic pip
hi,i was awarded last year sept before that i use to get dla higher rate mobility and lower rate care due to arteritus but i had a stroke in april last year which left me paralies on all right side so decided to upgrade my claim which was pip someone filled the form for me but did not put all my medical condition down i did appealed against the decision but was unsuccesfull any advice would be helpfull thanks
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- foss27
8 years 3 months ago #149175 by foss27
Replied by foss27 on topic pip
Hi
When you say appealed did you go to tribunal or just MR?
How long was your award for? There should be a review date in the award.
Since it was only last August and you appealed you cannot re appeal. You can claim again if your condition has deteriorated but it sounds like this happened before your decision last August.
I would say that you probably can't do anything until your next reassessment.
When you say appealed did you go to tribunal or just MR?
How long was your award for? There should be a review date in the award.
Since it was only last August and you appealed you cannot re appeal. You can claim again if your condition has deteriorated but it sounds like this happened before your decision last August.
I would say that you probably can't do anything until your next reassessment.
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8 years 3 months ago #149187 by coolboy53
Replied by coolboy53 on topic pip
hi,it is 25-july-2018 but they will contact me after 25 july-2017 yes but i have other condition after the aug decision thanks
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- Gordon
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8 years 3 months ago #149210 by Gordon
Just to be clear.
You had an existing award ending 25 July 2018, you reported a deterioration in your conditions and were re-assessed. The DWP refused to change the award. You say that you appealed this and were refused.
This being the case.
You can only challenge the Tribunal Decision if you can show that there has been an Error of Law? . The first stage to doing this is to Request a Statement of Reasons which must be done within 30 days of the Tribunal Decision being made.
There is a slim chance that you can argue that as not all of your conditions were declared on the form (PIP2?) that you can request a second re-assessment due to a changed condition but the DWP will likely argue that it is not your conditions that are tested but the limitations that result from them and that the last review would have taken the extra conditions into account. It might help if you have medical evidence showing a deterioration in your condition that post dates the DWP Decision not to change your award (not the Tribunal date).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip
coolboy53 wrote: hi,it is 25-july-2018 but they will contact me after 25 july-2017 yes but i have other condition after the aug decision thanks
Just to be clear.
You had an existing award ending 25 July 2018, you reported a deterioration in your conditions and were re-assessed. The DWP refused to change the award. You say that you appealed this and were refused.
This being the case.
You can only challenge the Tribunal Decision if you can show that there has been an Error of Law? . The first stage to doing this is to Request a Statement of Reasons which must be done within 30 days of the Tribunal Decision being made.
There is a slim chance that you can argue that as not all of your conditions were declared on the form (PIP2?) that you can request a second re-assessment due to a changed condition but the DWP will likely argue that it is not your conditions that are tested but the limitations that result from them and that the last review would have taken the extra conditions into account. It might help if you have medical evidence showing a deterioration in your condition that post dates the DWP Decision not to change your award (not the Tribunal date).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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