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MR timescales
- riversong
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4 years 3 weeks ago #258026 by riversong
MR timescales was created by riversong
hi
i was moved from dla to pip in jan 2017 i lost my mobilty award as i was given for 4 points for needing prompting to leave the house in sept 2019 it was looked at again at the same time everyone else was being looked at and i was told the decision was correct and my award was unchanged, in jan this year i got a review form and sent it back i was then surprised to be awarded 10 points, because i put on the form no change and gave no more medical evidense, the decision maker decided i cannot leave the house due to pyshoological distress, on all of my claim forms i have stated i never leave the house alone,even the assessors report i have states this, is it to late to ask for a MR, if not will it be looked at again following the recent LEAP information you have giving out At the time i recieved the letter i had lots of personal problems, a friend has just pointed these points out to me
i was moved from dla to pip in jan 2017 i lost my mobilty award as i was given for 4 points for needing prompting to leave the house in sept 2019 it was looked at again at the same time everyone else was being looked at and i was told the decision was correct and my award was unchanged, in jan this year i got a review form and sent it back i was then surprised to be awarded 10 points, because i put on the form no change and gave no more medical evidense, the decision maker decided i cannot leave the house due to pyshoological distress, on all of my claim forms i have stated i never leave the house alone,even the assessors report i have states this, is it to late to ask for a MR, if not will it be looked at again following the recent LEAP information you have giving out At the time i recieved the letter i had lots of personal problems, a friend has just pointed these points out to me
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- Gary
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4 years 2 weeks ago #258049 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic MR timescales
Hi longbow
We have had a number of queries posted on the forum in regards to LEAP.
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
You may need to seek advice from your local welfare rights worker who can take all your circumstances into consideration, you may want to ask for an 'any time review' if it is an official error. There are no time limits with an any time review.
You can find your local Welfare Rights Worker to help you with benefit enquiry by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
Gary
We have had a number of queries posted on the forum in regards to LEAP.
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
You may need to seek advice from your local welfare rights worker who can take all your circumstances into consideration, you may want to ask for an 'any time review' if it is an official error. There are no time limits with an any time review.
You can find your local Welfare Rights Worker to help you with benefit enquiry by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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