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another LEAP question
- keeptrying
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4 years 10 hours ago #258789 by keeptrying
another LEAP question was created by keeptrying
In 2016 i was awarded 4 points for 'prompting' to go out. This went to tribunal and was changed to 10 points.
In 2018 i had another review - no changes - but they awarded 0 points for the same issue. I was unable to MR/appeal at that time due to personal circumstances.
I had thought at the time that since the UT decisions, they would consider my 'OPD' however clearly they didn't!
My question is - will the 2018 decision be reviewed under the LEAP exercise? Should it be?
I have not heard anything from them, and I currently have another review in process.
Thank you
In 2018 i had another review - no changes - but they awarded 0 points for the same issue. I was unable to MR/appeal at that time due to personal circumstances.
I had thought at the time that since the UT decisions, they would consider my 'OPD' however clearly they didn't!
My question is - will the 2018 decision be reviewed under the LEAP exercise? Should it be?
I have not heard anything from them, and I currently have another review in process.
Thank you
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- Gary
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4 years 8 hours ago #258792 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic another LEAP question
Hi walker
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.
As your claim did not go to appeal, then yes it should be reviewed, as BIS stated in an earlier post The DWP have said they are looking at 1.6 million claimants. You may want to contact DWP and ask if your are being looked into under LEAP.
Gary
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.
As your claim did not go to appeal, then yes it should be reviewed, as BIS stated in an earlier post The DWP have said they are looking at 1.6 million claimants. You may want to contact DWP and ask if your are being looked into under LEAP.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- keeptrying
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4 years 4 hours ago #258799 by keeptrying
Replied by keeptrying on topic another LEAP question
Thank you for your reply, Gary.
I had already assumed the 2016 decision would not be reviewed - also it was a tribunal decision!!!!
So far as I believe - I do have have evidence/support re. my OPD.
My biggest difficulty is going to UNFAMILIAR places - where I never go alone.
The issues/difficulties have not changed - they have caused the same limitations for years - BUT
for 2016 - 4pts
tribunal - 10 pts
2018 - 0 pts
2021 - ?pts
just shows how unreliable their system is
I had already assumed the 2016 decision would not be reviewed - also it was a tribunal decision!!!!
So far as I believe - I do have have evidence/support re. my OPD.
My biggest difficulty is going to UNFAMILIAR places - where I never go alone.
The issues/difficulties have not changed - they have caused the same limitations for years - BUT
for 2016 - 4pts
tribunal - 10 pts
2018 - 0 pts
2021 - ?pts
just shows how unreliable their system is
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