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3 years 10 months ago #261019 by Colin
Replied by Colin on topic pip ?
Thanks for your words Catherine. you dont have to apologise for there behaviour.
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3 years 9 months ago #261143 by Colin
Replied by Colin on topic pip ?
didnt want to ring pip but i did to check they got new stuff i sent them, (i lost the will to live as on hold for 69 mins, disgraceful windup to say the least).
i said con you put a note to DM to look before making decision.
he said got them and not to worry (yeah ok) it would go to them if signposted as such.
R/D shows not signed for yet.
forgot to ask for pa4.
i said con you put a note to DM to look before making decision.
he said got them and not to worry (yeah ok) it would go to them if signposted as such.
R/D shows not signed for yet.
forgot to ask for pa4.
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3 years 9 months ago #261145 by Colin
Replied by Colin on topic pip ?
would someone know, would i still get the same amount paid on the present award at the next drop or would the assessors report of screwed that up.
Thanks
Thanks
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3 years 9 months ago #261191 by Gary
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Replied by Gary on topic pip ?
Hi ccc
It is not the assessors report that changes a decision, but it can give a persuasive arguement to the decision maker. It is the decision from the decision maker which will change any benefits awarded.
Gary
It is not the assessors report that changes a decision, but it can give a persuasive arguement to the decision maker. It is the decision from the decision maker which will change any benefits awarded.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 9 months ago #261438 by Colin
Replied by Colin on topic pip ?
what id like to find out is,
i sent in extra documents on 28/6/21 which they said in there system on 30/06/21, the extact same day the dm sent me the deschion (assessment was on 24th). but did not come across them in time.
i rang them earlier this week , they told me its been looked at by c/m.
the ? is what would be last day to appeal to tribunal, is it 30/07/21 or the date on next letter after they make judgment on extra documents i sent them..
thanks for your help.
i sent in extra documents on 28/6/21 which they said in there system on 30/06/21, the extact same day the dm sent me the deschion (assessment was on 24th). but did not come across them in time.
i rang them earlier this week , they told me its been looked at by c/m.
the ? is what would be last day to appeal to tribunal, is it 30/07/21 or the date on next letter after they make judgment on extra documents i sent them..
thanks for your help.
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3 years 9 months ago #261444 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic pip ?
HI ccc,
OK, I'm trying piece this all together, as a timeline.
If I am correct it goes as follows:
PIP Review Oct 2020
Decision Dec 2020 - SDL 4 pts only for mobility
MR made Jan 2021 - only want to get mobility looked at again
Nothing heard for months
June 2021 - you are called for another assessment (because DWP can't decide!)
new evidence sent in by you, which seems to coincide with the new decision made on 30th June 2021
It seems from what you have said you have received the MR decision notice now, and I presume that no mobility was awarded. I am not sure whether you retained the standard daily living. MR decision notice is dated 30th June. However the extra evidence you sent in is still being looked at by DWP.
DWP do have to look at all extra evidence and consider whether to revise their decision. In you case it would be an 'any time revision'. (Which as the name suggests can be done at any time, or stage of the decision making/appeal process right until the tribunal decision.)
You have 2 choices here.
The first option. MR has been refused, and although you sent in extra evidence DWP hasn't really shown much interest in making the correct decision so far, so probably won't make any further revision at this stage. Hence don't wait put in an appeal to tribunal now. As you correctly state, you have until 30th July to do this within the normal time limit. If you have made an appeal, and DWP do revise, then the appeal will lapse. (You will be sent a new decision, and will be asked to confirm that you accept the new decision by the tribunal. If you still believe any new decision is wrong you can contact the tribunal to ask that the appeal still goes ahead.)
Second option. Wait to see if DWP will make a further revision. As stated above this is perhaps unlikely, but by no means impossible. If DWP decline to revise your award, based on the new evidence sent in, then you will get a further decision notice. This could be a further MR Notice, so you would appeal based on this second MR notice, using the date and details off this letter when you complete your appeal. However, this may take you outside the original time limit. This could then cause confusion, as DWP might argue you should have appealed within a month from the original MR ie before 30th July.
However, although there is normally 1 month to start an appeal this can be extended if you can show a very good reason. Absolute time limit is 13 months. Awaiting the DWP revision notice could amount to such a reason.
You still have a few days before you need to do an SSCS1 which is the appeal form. You can fill this in online, so if you wish you could wait until say 29th July to complete this, and as long as you do this within office hours it will definitely get registered before the next day time limit. The form isn't especially complicated. You will need to enter personal details.You will need the MR Notice to do an appeal as you will need to insert the MR date and the post handling office number from the address on the top of the MR decision letter.
There are a few questions about dates to avoid and type of hearing. (Always tick face to face/video/phone - if you tick paper hearing you will not get to put your case in person.)
Then there is the grounds of appeal. You can be as detailed or as vague as you like. If you haven't received any other information from DWP you can simply say 'I was not awarded an award for mobility and wish to appeal this.' You could add (if correct) I do not dispute the daily living award, or of course you can appeal both elements.
Alternatively you could write exactly why you dispute the award, briefly go through the errors in the assessment/decision papers, also explaining that you have medical evidence that confirms what you say etc.
Whichever option you choose, you will get an immediate acknowledgment of your appeal (if done online) and normally around 4-6 weeks later you will receive a copy of all the relevant papers, so your review form, assessment report, decisions, and medical evidence you have sent in. You can then send in further arguments based on the full paperwork if you wish.
Then it is just a case of waiting (might be a while!) for the hearing date.
So, just to recap, I suggest you wait a few days to see if DWP do revise their decision, if not then do the SSCS1 online if you can, but do this before 30th July to avoid having to argue why a late appeal should be allowed. (Always easier to do things in time, to avoid an extra complication.!)
I hope this helps. Good luck.
LL26
OK, I'm trying piece this all together, as a timeline.
If I am correct it goes as follows:
PIP Review Oct 2020
Decision Dec 2020 - SDL 4 pts only for mobility
MR made Jan 2021 - only want to get mobility looked at again
Nothing heard for months
June 2021 - you are called for another assessment (because DWP can't decide!)
new evidence sent in by you, which seems to coincide with the new decision made on 30th June 2021
It seems from what you have said you have received the MR decision notice now, and I presume that no mobility was awarded. I am not sure whether you retained the standard daily living. MR decision notice is dated 30th June. However the extra evidence you sent in is still being looked at by DWP.
DWP do have to look at all extra evidence and consider whether to revise their decision. In you case it would be an 'any time revision'. (Which as the name suggests can be done at any time, or stage of the decision making/appeal process right until the tribunal decision.)
You have 2 choices here.
The first option. MR has been refused, and although you sent in extra evidence DWP hasn't really shown much interest in making the correct decision so far, so probably won't make any further revision at this stage. Hence don't wait put in an appeal to tribunal now. As you correctly state, you have until 30th July to do this within the normal time limit. If you have made an appeal, and DWP do revise, then the appeal will lapse. (You will be sent a new decision, and will be asked to confirm that you accept the new decision by the tribunal. If you still believe any new decision is wrong you can contact the tribunal to ask that the appeal still goes ahead.)
Second option. Wait to see if DWP will make a further revision. As stated above this is perhaps unlikely, but by no means impossible. If DWP decline to revise your award, based on the new evidence sent in, then you will get a further decision notice. This could be a further MR Notice, so you would appeal based on this second MR notice, using the date and details off this letter when you complete your appeal. However, this may take you outside the original time limit. This could then cause confusion, as DWP might argue you should have appealed within a month from the original MR ie before 30th July.
However, although there is normally 1 month to start an appeal this can be extended if you can show a very good reason. Absolute time limit is 13 months. Awaiting the DWP revision notice could amount to such a reason.
You still have a few days before you need to do an SSCS1 which is the appeal form. You can fill this in online, so if you wish you could wait until say 29th July to complete this, and as long as you do this within office hours it will definitely get registered before the next day time limit. The form isn't especially complicated. You will need to enter personal details.You will need the MR Notice to do an appeal as you will need to insert the MR date and the post handling office number from the address on the top of the MR decision letter.
There are a few questions about dates to avoid and type of hearing. (Always tick face to face/video/phone - if you tick paper hearing you will not get to put your case in person.)
Then there is the grounds of appeal. You can be as detailed or as vague as you like. If you haven't received any other information from DWP you can simply say 'I was not awarded an award for mobility and wish to appeal this.' You could add (if correct) I do not dispute the daily living award, or of course you can appeal both elements.
Alternatively you could write exactly why you dispute the award, briefly go through the errors in the assessment/decision papers, also explaining that you have medical evidence that confirms what you say etc.
Whichever option you choose, you will get an immediate acknowledgment of your appeal (if done online) and normally around 4-6 weeks later you will receive a copy of all the relevant papers, so your review form, assessment report, decisions, and medical evidence you have sent in. You can then send in further arguments based on the full paperwork if you wish.
Then it is just a case of waiting (might be a while!) for the hearing date.
So, just to recap, I suggest you wait a few days to see if DWP do revise their decision, if not then do the SSCS1 online if you can, but do this before 30th July to avoid having to argue why a late appeal should be allowed. (Always easier to do things in time, to avoid an extra complication.!)
I hope this helps. Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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