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Claiming enhanced rate mobility
- Catherine
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3 years 7 months ago #263167 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Claiming enhanced rate mobility
Hi Steve,
Apologies for my delay in getting back to you. You could have appealed the LEAP decision made back in 2020 but unfortunately there is an absolute deadline for doing this of 13 months. Now, I appreciate you say that you did not receive this decision, but there will be a presumption that they did post it when they said they and that you did receive it in a timely manner, and as ever it will be virtually impossible to prove that this was not the case.
However, if I was in your shoes, I would write back to them thanking them for the decision letter you received a couple of months ago, state that you had not previously had a copy of it, say that you disagree with the decision and request a Mandatory Decision on it. If I am honest I would not expect them to accept that, so I would not bother putting a lot of effort into preparing a submission until you know that they have accepted it. This is a real long shot, but worth a free post letter.
Catherine
Apologies for my delay in getting back to you. You could have appealed the LEAP decision made back in 2020 but unfortunately there is an absolute deadline for doing this of 13 months. Now, I appreciate you say that you did not receive this decision, but there will be a presumption that they did post it when they said they and that you did receive it in a timely manner, and as ever it will be virtually impossible to prove that this was not the case.
However, if I was in your shoes, I would write back to them thanking them for the decision letter you received a couple of months ago, state that you had not previously had a copy of it, say that you disagree with the decision and request a Mandatory Decision on it. If I am honest I would not expect them to accept that, so I would not bother putting a lot of effort into preparing a submission until you know that they have accepted it. This is a real long shot, but worth a free post letter.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- labrador09
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3 years 7 months ago #263171 by labrador09
Replied by labrador09 on topic Claiming enhanced rate mobility
Hi Catherine thank you for your reply,by doing what you said that won't effect my PIP enhanced rate daily living component and the lower rate Mobility component which I have received for 10 years with a light touch review.
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- Catherine
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3 years 7 months ago #263173 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Claiming enhanced rate mobility
Hi Steve,
if you make it clear that you are asking for an MR on your Leap review decision, it should not effect anything else. I say that because regardless of the award they gave you they are entitled to review it at anytime, and clearly if they metaphotically pull out your file for any reason you increase the risk of that happening. But I would think that would be very unlikely. It is one of these difficult calls which only you can make.
Catherine
if you make it clear that you are asking for an MR on your Leap review decision, it should not effect anything else. I say that because regardless of the award they gave you they are entitled to review it at anytime, and clearly if they metaphotically pull out your file for any reason you increase the risk of that happening. But I would think that would be very unlikely. It is one of these difficult calls which only you can make.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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