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MR Notice for Leap Review
- Julia
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3 years 9 months ago #261130 by Julia
MR Notice for Leap Review was created by Julia
Hi everyone, received letter today after 14 week wait and have been denied back payment under descriptor 9(c) with Dwp cynically citing the ruling MM v DWP (with this judgement yet to be finalised) when I had applied under the ruling of RJ v DWP. Is this lawful to change interpretation in this manner? I had my PIP awards totally removed in Nov 2020 but was reinstated after MR. In allowing my current award I was dismayed to read that my previous award of 4 points for following and planning a journey had been reduced to 0 points and moving around increased from 4 points to 10! I didn't question the decision for fear of losing my award yet again. Was this a deliberate 'mistake', knowing that that the Leap Review might well rule in the my favour? If I am ever successful we are talking in excess of 5K back payment. Am unsure whether to go to Tribunal.
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- LL26
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3 years 9 months ago #261131 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic MR Notice for Leap Review
Hi julia,
Your full name appears to be showing, so you may wish to amend this. You can click on this link:
www.benefitsandwork.co.uk/contact-and-help/registering#r11
Unfortunately I can not tell you whether DWP have made a 'deliberate mistake'.
It will be for you to decide if you want to appeal.
Apart from a bit of time, there us nothing preventing you from making an appeal to the tribunal. If you make an appeal you can clearly state that you only wish to appeal the mobility element, but of course you can appeal both elements if you wish! After you lodge the appeal you will be sent a copy of all the relevant paperwork with decisions etc. You will then be able to check what DWP have said.
If you want to appeal you will need to fill out an SSCS1 form. This can be done online. You will need to do this within a month of the date of the MR notice. Alate appeal can be done but you would need to show good reason and creates another hurdle which can easily be avoided. You will need to enter personal details and NI number as well as the date and address code for your MR letter. I always recommend asking for an oral hearing.
The grounds of appeal can bd as detailed of vague as you like. If you write a detailed appeal you may find that DWP will revise their decision prior to appeal.(This does sometimes happen, including with LEAP cases!)
If you wish to abandon your appeal, you can withdraw at any stage. It does not cost anything to appeal, so you have the possibility of gaining a large backpayment if successful. I do just need to make you aware that the tribunal can look at your whole award, and this can very occasionally result in a removal of points/less award However, if thus was to be done, the tribunal would have to give a warning allowing you to withdraw.
If DWP are making deliberate mistakes as you suggest, then taking an appeal may help to reveal this, and help resolve what is a very widespread issue.
I hope this helps. Good luck.
LL26
Your full name appears to be showing, so you may wish to amend this. You can click on this link:
www.benefitsandwork.co.uk/contact-and-help/registering#r11
Unfortunately I can not tell you whether DWP have made a 'deliberate mistake'.
It will be for you to decide if you want to appeal.
Apart from a bit of time, there us nothing preventing you from making an appeal to the tribunal. If you make an appeal you can clearly state that you only wish to appeal the mobility element, but of course you can appeal both elements if you wish! After you lodge the appeal you will be sent a copy of all the relevant paperwork with decisions etc. You will then be able to check what DWP have said.
If you want to appeal you will need to fill out an SSCS1 form. This can be done online. You will need to do this within a month of the date of the MR notice. Alate appeal can be done but you would need to show good reason and creates another hurdle which can easily be avoided. You will need to enter personal details and NI number as well as the date and address code for your MR letter. I always recommend asking for an oral hearing.
The grounds of appeal can bd as detailed of vague as you like. If you write a detailed appeal you may find that DWP will revise their decision prior to appeal.(This does sometimes happen, including with LEAP cases!)
If you wish to abandon your appeal, you can withdraw at any stage. It does not cost anything to appeal, so you have the possibility of gaining a large backpayment if successful. I do just need to make you aware that the tribunal can look at your whole award, and this can very occasionally result in a removal of points/less award However, if thus was to be done, the tribunal would have to give a warning allowing you to withdraw.
If DWP are making deliberate mistakes as you suggest, then taking an appeal may help to reveal this, and help resolve what is a very widespread issue.
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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- Julia
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3 years 9 months ago #261223 by Julia
Replied by Julia on topic MR Notice for Leap Review
Hi LL26, thank you for your lengthy and informative reply. I am yet to to decide whether to go forward to appeal.
I'm unable to edit my Forum name! Followed the links as directed but no joy. Quite possibly pilot error as feeling somewhat stressed at the moment
I'm unable to edit my Forum name! Followed the links as directed but no joy. Quite possibly pilot error as feeling somewhat stressed at the moment
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- Catherine
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3 years 9 months ago #261240 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic MR Notice for Leap Review
Hi Julia,
Pleased to confirm that your name is no longer showing in full, and all pilot errors corrected
Catherine
Pleased to confirm that your name is no longer showing in full, and all pilot errors corrected

Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Julia
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