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ex veteran needs help
- andy read
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6 years 8 months ago #206710 by andy read
ex veteran needs help was created by andy read
I was awarded DLA in 2001 after an accident whilst I was a fireman,i broke my back on a house fire,,awarded dla for life,,diagnosed PTSD in 2016 after previously served in the forces,, underwent third assessment and thought no more of the outcome as previous asessments were simply tick box,,I received a letter October 2017 saying I had been awarded zero points ?? I appealed and was turned down, Im now waiting a tribunal..The assessor "REFUSED TO SEE" mri's scans and diagnosis letter. The report came back tottaly different answers to what I gave at assessment. I complained to capita but got no where, I'm dreading the tribunal,,any help would received gratefully.
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- Gordon
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6 years 8 months ago #206737 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ex veteran needs help
A
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
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It's quite likely that the assessor was unable to read an MRI scan and that is why they refused.
Where are you in the appeal process, have you received the DWP's submission?
Although you should address any issues that are in the assessment report, you are not going to get an award unless you show that you meet the criteria for one.
The original Decision should have been based on the AR1 Review form that you filled in last year and the PIP2 that you completed before that.
I would start by going through your forms, the latest assessment report and our PIP Claim guide, you need to make sure that you have shown that the you meet the criteria to score the points needed for an award.
Put your thoughts down on paper, it will form the basis of your own submission. start with bullet points, then expand them to sentences and then paragraphs as you think about your limitations.
Remember you need to be able to complete the PIP activities "reliably" and "on the majority of days", these terms are explained in the guide.
If you have any specific questions then reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
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?
It's quite likely that the assessor was unable to read an MRI scan and that is why they refused.
Where are you in the appeal process, have you received the DWP's submission?
Although you should address any issues that are in the assessment report, you are not going to get an award unless you show that you meet the criteria for one.
The original Decision should have been based on the AR1 Review form that you filled in last year and the PIP2 that you completed before that.
I would start by going through your forms, the latest assessment report and our PIP Claim guide, you need to make sure that you have shown that the you meet the criteria to score the points needed for an award.
Put your thoughts down on paper, it will form the basis of your own submission. start with bullet points, then expand them to sentences and then paragraphs as you think about your limitations.
Remember you need to be able to complete the PIP activities "reliably" and "on the majority of days", these terms are explained in the guide.
If you have any specific questions then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jayjay1963
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6 years 8 months ago #206803 by jayjay1963
Replied by jayjay1963 on topic ex veteran needs help
Hi Andy.
I'm so sorry to hear about your troubles.
My husband went from DLA to pip and when he applied he was told that he would get nothing at all, from having highest rates of both while he was on DLA, so he fought to get it back, and i know it's very stressful, you just need to try and stay calm if you can.)
iI can say is that you don't have to go to the appeal if you don't want to.
We did the same thing went through the assessor who threw the claim out, so took it to tribunal, they had the same information as they had in the beginning and we said that we didn't want to attend and they made there decision on all the paperwork they had at that time.
We got a letter to say that it had been overturned by the court and that my husband would get higher rate of both and until 2027. (he is 64yrs old this month).
So just to say there is always hope........)) I really hope you get on well with your claim, and never forget ''Never give up''. Take care and let us know how you get on, good luck Andy.
I'm so sorry to hear about your troubles.
My husband went from DLA to pip and when he applied he was told that he would get nothing at all, from having highest rates of both while he was on DLA, so he fought to get it back, and i know it's very stressful, you just need to try and stay calm if you can.)
iI can say is that you don't have to go to the appeal if you don't want to.
We did the same thing went through the assessor who threw the claim out, so took it to tribunal, they had the same information as they had in the beginning and we said that we didn't want to attend and they made there decision on all the paperwork they had at that time.
We got a letter to say that it had been overturned by the court and that my husband would get higher rate of both and until 2027. (he is 64yrs old this month).
So just to say there is always hope........)) I really hope you get on well with your claim, and never forget ''Never give up''. Take care and let us know how you get on, good luck Andy.
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- andy read
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6 years 8 months ago #206830 by andy read
Replied by andy read on topic ex veteran needs help
the appeal is at the tribunal stage having been dismissed by the DWP. the asessment which took place at home was a complete sham, the mri's are simple to read, they are in black and white, it clearly shows the injury, she didnt want to see no house adaptions, was only concerned about why i was selling the house and could she buy it,ive had to sell and buy a bungalow due to my injury,,there were so many things that werent written down as i described things to her,,in fact total opposite was written down, I have today appealed the decision and enclosed mri scans to the DWP as they told me they would look at the decision again rather than go to the tribunal..
The following user(s) said Thank You: Gordon, angel*1
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- andy read
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6 years 8 months ago #206831 by andy read
Replied by andy read on topic ex veteran needs help
The dwp told me today I can have the case looked at again to avoid the tribunal if i send in more evidence which I have in the form of MRI scans, I paid private for these, they are simple to read, my problem is all my evidence is not held with the nhs,its been privately paid for ex forces funding so my GP has very little coresespondence . a case of watch this space,,
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