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where are the sample letters?
- elainep
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3 years 9 months ago #261623 by elainep
Replied by elainep on topic where are the sample letters?
Isn't the Leap Review to do with mobility section of
PIP rather than activity 9 which is engaging with others face to face or mixing with other people?
Or does the Leap review cover both activities?
PIP rather than activity 9 which is engaging with others face to face or mixing with other people?
Or does the Leap review cover both activities?
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- Gary
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3 years 9 months ago #261640 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic where are the sample letters?
Hi elie
You are correct' as per BIS post below 'The Leap Review looks at where people had not been awarded any points or hadn't been awarded sufficient points for the psychological distress they suffered when undertaking a journey.'
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.
Gary
You are correct' as per BIS post below 'The Leap Review looks at where people had not been awarded any points or hadn't been awarded sufficient points for the psychological distress they suffered when undertaking a journey.'
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- elainep
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3 years 9 months ago #261654 by elainep
Replied by elainep on topic where are the sample letters?
Thanks for your reply. I think there is some confusion over my question.
I am looking to see if my son can claim against points received on activity 9 Engaging with others face to face as per Supreme Court decision UK SC 44 (2019)
He received 2 points in 2017. This year he received 4 points.
In 2017 he was attending therapy sessions with MIND and needed family support to attend these and other appointments due to his panic attacks.
Is this a relevant reason to ask for the 2017 award to be looked at under the Supreme Court Ruling?
Thanks
I am looking to see if my son can claim against points received on activity 9 Engaging with others face to face as per Supreme Court decision UK SC 44 (2019)
He received 2 points in 2017. This year he received 4 points.
In 2017 he was attending therapy sessions with MIND and needed family support to attend these and other appointments due to his panic attacks.
Is this a relevant reason to ask for the 2017 award to be looked at under the Supreme Court Ruling?
Thanks
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- BIS
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3 years 9 months ago #261668 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic where are the sample letters?
Hi Elie
I'm sorry that your question is outside the scope of this forum. You will have to take this up with the DWP or take legal advice on it.
BIS
I'm sorry that your question is outside the scope of this forum. You will have to take this up with the DWP or take legal advice on it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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