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Pip assessment unfair
- ejayne72
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8 years 6 months ago #172629 by ejayne72
Replied by ejayne72 on topic Pip assessment unfair
Hi gordon. Yes i want to do this but mrs hurtyback said they may take my complaint as an MR request which i don't want. So please, my question is, if the date for a MR date has passed, can i safely send in a letter of complaint without risking them seeing it as a request for a MR??
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- slugsta
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8 years 6 months ago #172635 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Pip assessment unfair
I'm sorry em, I didn't mean to confuse you! You can certainly make a complaint to DWP about the way you were treated
Complaining to the DWP
Clearly mark it as a complaint and it will be dealt with in a different way from a MR.
Complaining to the DWP
Clearly mark it as a complaint and it will be dealt with in a different way from a MR.
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- Augustus
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8 years 6 months ago #172639 by Augustus
Replied by Augustus on topic Pip assessment unfair
Can I ask Mrs Hurtyback abut her comment that qualifying for PIP is being made harder.
If the PIP descriptors have remained the same, how exactly can tbe DWP reduce one's entitlement or withdraw it altogether, where it is clear the underlying Impact of whatever it is, is the same?
Is the guidance changed, for example?
Thank you
If the PIP descriptors have remained the same, how exactly can tbe DWP reduce one's entitlement or withdraw it altogether, where it is clear the underlying Impact of whatever it is, is the same?
Is the guidance changed, for example?
Thank you
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- Gordon
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8 years 6 months ago - 8 years 6 months ago #172657 by Gordon
All law evolves even if the actual legislation does not change, guidance from the department and legal rulings effect how it is interpreted.
The DWP have updated their guidance for PIP since it was introduced, most areas remain pretty much the same but there have been significant changes in the way they want the Going Out activity to work.
Upper Tier Tribunals steer the operation in different directions and sometimes a three Judge hearing will set a precedent that results in the guidance being changed. Not all Decisions are in the DWP's favour, one recent Decision for Moving Around has suggested that a claimant experiencing pain even though that pain does not stop them from continuing to walk may nonetheless be considered as not walking to a necessary and appropriate standard.
We update all of the Claim guides when there are significant changes to the way that a benefit operates.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip assessment unfair
Augustus wrote: Can I ask Mrs Hurtyback abut her comment that qualifying for PIP is being made harder.
If the PIP descriptors have remained the same, how exactly can tbe DWP reduce one's entitlement or withdraw it altogether, where it is clear the underlying Impact of whatever it is, is the same?
Is the guidance changed, for example?
Thank you
All law evolves even if the actual legislation does not change, guidance from the department and legal rulings effect how it is interpreted.
The DWP have updated their guidance for PIP since it was introduced, most areas remain pretty much the same but there have been significant changes in the way they want the Going Out activity to work.
Upper Tier Tribunals steer the operation in different directions and sometimes a three Judge hearing will set a precedent that results in the guidance being changed. Not all Decisions are in the DWP's favour, one recent Decision for Moving Around has suggested that a claimant experiencing pain even though that pain does not stop them from continuing to walk may nonetheless be considered as not walking to a necessary and appropriate standard.
We update all of the Claim guides when there are significant changes to the way that a benefit operates.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 6 months ago by Gordon.
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- slugsta
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8 years 6 months ago #172663 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Pip assessment unfair
My comment was that PIP is harder to get than DLA, not that it is getting harder to be awarded PIP. However, Gordon's comments are, as always, absolutely correct.
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- ejayne72
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8 years 6 months ago #172669 by ejayne72
Replied by ejayne72 on topic Pip assessment unfair
Thanks x
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