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Appealing decisions to not award PIP indefinitely
- Black Dahlia
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7 years 11 months ago #158847 by Black Dahlia
Appealing decisions to not award PIP indefinitely was created by Black Dahlia
Hi, Have you seen this article published by Disability Rights this week?
www.disabilityrightsuk.org/news/2016/mar...an-be-appealed#.dpuf
Could this be useful to those of us who are in receipt of DLA with Indefinite Awards and are set to lose these in the transition to PIP from DLA?
Just thought I would bring it to the Moderators attention, if you have not seen it already.
www.disabilityrightsuk.org/news/2016/mar...an-be-appealed#.dpuf
Could this be useful to those of us who are in receipt of DLA with Indefinite Awards and are set to lose these in the transition to PIP from DLA?
Just thought I would bring it to the Moderators attention, if you have not seen it already.
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- Gordon
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7 years 11 months ago #158880 by Gordon
I hadn't seen it so thanks for the link, it confirms the advice that we have been giving when this subject has come up in the forum.
I'm afraid I wouldn't get too carried away with what it says, if it influences DWP policy for the length of award that is made then that will be a good thing, but If not then it will require the claimant to challenge the award with all of the implication that this would include.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing decisions to not award PIP indefinitely
Black Dahlia wrote: Hi, Have you seen this article published by Disability Rights this week?
www.disabilityrightsuk.org/news/2016/mar...an-be-appealed#.dpuf
Could this be useful to those of us who are in receipt of DLA with Indefinite Awards and are set to lose these in the transition to PIP from DLA?
Just thought I would bring it to the Moderators attention, if you have not seen it already.
I hadn't seen it so thanks for the link, it confirms the advice that we have been giving when this subject has come up in the forum.
I'm afraid I wouldn't get too carried away with what it says, if it influences DWP policy for the length of award that is made then that will be a good thing, but If not then it will require the claimant to challenge the award with all of the implication that this would include.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Debeleb
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7 years 11 months ago #158921 by Debeleb
Replied by Debeleb on topic Appealing decisions to not award PIP indefinitely
Hello there
Thank you for advice on here.
Although I had already sent in my "how your disability affects you" and evidence before I became a member here, I gained confidence and knowledge about my F2F and can happily say my award was HR for both daily living and mobility! Yay
I had previously been on an indefinite award of DLA (high rates) so I haven't lost a penny.
However, I was awarded a fixed term until 2021 and although I'm grateful, I'm also peeved because my situation is quite grim and my consultant's letter expresses that things are unlikely to ever improve (unless I can regrow a few organs and cure 2 incurable diseases).
I gained 21 points for DL and 14 for M.
Should I ring and have a chat with them? Or concede that I would lose out somewhere or other?
Thanks
Frodo
Thank you for advice on here.
Although I had already sent in my "how your disability affects you" and evidence before I became a member here, I gained confidence and knowledge about my F2F and can happily say my award was HR for both daily living and mobility! Yay
I had previously been on an indefinite award of DLA (high rates) so I haven't lost a penny.
However, I was awarded a fixed term until 2021 and although I'm grateful, I'm also peeved because my situation is quite grim and my consultant's letter expresses that things are unlikely to ever improve (unless I can regrow a few organs and cure 2 incurable diseases).
I gained 21 points for DL and 14 for M.
Should I ring and have a chat with them? Or concede that I would lose out somewhere or other?
Thanks
Frodo
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- Gordon
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7 years 11 months ago #158958 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing decisions to not award PIP indefinitely
Frodo
It's entirely up to you, but you can't have a "chat with them", either you request a Mandatory Reconsideration or you don't!
If you do request an MR then the DWP can and probably will treat it as a full review of your claim not just the end date, it's unusual for them to reduce or remove the award, but it does happen, so you must consider this possibility before going ahead.
Also, the PIP legislation allows a reassessment at any time and for any reason, this applies to all awards both fixed and on-going, so even if you were to win an extension to your award they may still assess you early.
We have yet to see how the DWP will react to this ruling and how they will treat claimants that challenge the length of the award.
Gordon
It's entirely up to you, but you can't have a "chat with them", either you request a Mandatory Reconsideration or you don't!
If you do request an MR then the DWP can and probably will treat it as a full review of your claim not just the end date, it's unusual for them to reduce or remove the award, but it does happen, so you must consider this possibility before going ahead.
Also, the PIP legislation allows a reassessment at any time and for any reason, this applies to all awards both fixed and on-going, so even if you were to win an extension to your award they may still assess you early.
We have yet to see how the DWP will react to this ruling and how they will treat claimants that challenge the length of the award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Debeleb
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7 years 11 months ago #158979 by Debeleb
Replied by Debeleb on topic Appealing decisions to not award PIP indefinitely
Thank you Gordon.
I may just relax for a bit after that ordeal. Although I have to say the HP I dealt with was very respectful.
Thanks for this website. I'm glad I became a member. It explains the process very well and I'm sure I wouldn't have coped so well with my assessment without it.
Kind regards
I may just relax for a bit after that ordeal. Although I have to say the HP I dealt with was very respectful.
Thanks for this website. I'm glad I became a member. It explains the process very well and I'm sure I wouldn't have coped so well with my assessment without it.
Kind regards
The following user(s) said Thank You: slugsta
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- Black Dahlia
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7 years 10 months ago #160307 by Black Dahlia
Replied by Black Dahlia on topic Appealing decisions to not award PIP indefinitely
Hi Gordon.
I have just received the HP form and clearly the nurse that conducted it has no mental health training.
The assessment report scores me far lower than my descriptor statements that I stated, both on my PIP form and during the assessment, leaving me with only the standard rate care component,( and nothing for my mobility component), with a maximum of 8 points in total.
I clearly stated that I could not undertake a journey to an unfamiliar place without another person (10 points) and that I could not cook a meal without the supervision and prompting of another person. (8 points), I also stated clear at the time of interview that I could not engage with others without social support (4 points).
The assessor has removed my descriptors and replaced them with her assessments of my situation regarding the descriptors.
Effectively my PIP payment will be at least halved from what is was before, (£400.00 pcm), for Enhanced Daily living, (12 points) and Standard mobility (10 points) I
I am upset and worried sick now, as I live alone and my DLA plus ESA was my only income
I guess I will have to go for MR and appeal.
I also assume that this will also impact on my ESA (currently in Support group) when it comes up for review in October 2016.
What do you recommend I do?
I have just received the HP form and clearly the nurse that conducted it has no mental health training.
The assessment report scores me far lower than my descriptor statements that I stated, both on my PIP form and during the assessment, leaving me with only the standard rate care component,( and nothing for my mobility component), with a maximum of 8 points in total.
I clearly stated that I could not undertake a journey to an unfamiliar place without another person (10 points) and that I could not cook a meal without the supervision and prompting of another person. (8 points), I also stated clear at the time of interview that I could not engage with others without social support (4 points).
The assessor has removed my descriptors and replaced them with her assessments of my situation regarding the descriptors.
Effectively my PIP payment will be at least halved from what is was before, (£400.00 pcm), for Enhanced Daily living, (12 points) and Standard mobility (10 points) I
I am upset and worried sick now, as I live alone and my DLA plus ESA was my only income
I guess I will have to go for MR and appeal.
I also assume that this will also impact on my ESA (currently in Support group) when it comes up for review in October 2016.
What do you recommend I do?
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