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URGENT HELP PLEASE

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1 year 11 months ago #275027 by denby
Replied by denby on topic URGENT HELP PLEASE
Well done Michala. But what stinkers, as you could be reviewed in just 6 months from now. I know, they did just the same to our daughter the previous time. So no peace for the not-wicked-"just"-disabled. Sorry to be a downer but best to have it in the back of your mind to be ready. Enjoy Christmas with your little one at least and happy new Year. At least with B&W having your back you know you can win again.
And if DWP try to downgrade you then-MODS pls check? they would have to justify this. [not sure if this applies when DWP back down rather than a Tribunal win?]
best wishes,
Denby

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1 year 11 months ago #275031 by LL26
Replied by LL26 on topic URGENT HELP PLEASE
Hi Michala,
Wonderful news, well done! The system does work, but it has become a bit frayed round the edges. Perseverance I think is key, then justice will out!
I'm glad that you found our website helpful and this encouraged you to pursue your claim.
LL26

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1 year 11 months ago #275297 by Angel
Replied by Angel on topic URGENT HELP PLEASE
Fantastic news.
Really happy for you xx

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1 year 1 week ago #284828 by Michala
Replied by Michala on topic URGENT HELP PLEASE
Hi everyone,

Well that time has come come for my PIP entitlement to be reviewed again!

However, I am determined to learn from my mistakes from when I submitted the "It is time to review your award" form in 2021 (it was delayed due to the pandemic).

Previously, I had to take my case to a Tribunal in 2016 who awarded me enhanced rate for both daily living and mobility. What I was totally unaware of was that this information is not made available when the DWP review your entitlement. So my award was down graded to standard rate for both elements, which is what I was awarded prior to the Tribunal.

So, I then requested a mandatory reconsideration, which made no difference to my entitlement. So, I then submitted my appeal submission of 37 pages with additional pages of supporting medical evidence. From the posts below you will see that I never made it to another Tribunal as the DWP changed their mind in my favour. The main reason for this decision was that "there being no medical evidence to indicate a significant improvement or deterioration in your ability to manage those activities you were awarded points for..."

This review form dates from when I was awarded PIP (after the mandatory reconsideration) on 27th August 2021, so does NOT include the change in decision by the DWP on 10th November 2022. This is where I made the mistake last time.

With this latest review form I intend to include a copy of the original Tribunal decision letter, as well as the DWP decision to reinstate my entitlement, as well as a copy of my appeal submission with supporting medical evidence, and my latest up to date medical evidence. I also intend to make reference to my appeal results throughout this form, so that there is no room for misinformation between the people involved in reviewing my entitlement, including the points awarded for each activity.

I am thinking of including a statement along the lines of what I have written below, as well as providing the required information for each activity:

"The Tribunal held on 9th May 2016 awarded me 2 points for ..... activity, this was then upheld by the DWP on 10th November 2022 when I submitted an appeal on the DWP's decision on 27th August 2021 to reduce my entitlement to standard from enhanced rate for both daily living and mobility."

The question that I am asking is, would you agree with taking this stance? For once, it would be nice to not have to provide pages and pages of regurgitated information, my complex health conditions do not change for the better, unfortunately, there is always a deterioration.

Any thoughts would be truly appreciated.

Thanks in advance,
Michala

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1 year 1 week ago #284835 by Gary
Replied by Gary on topic URGENT HELP PLEASE
Hi Michael

I would go along with what you have written, I would submit a copy of your previous Tribunal decision if you are saying that your condition has stayed the same or deteriorated.

I would, as you have suggested use both Tribunal and DWP decision notices to complete the review form and attach them both as supporting evidence.

Good luck

Gary

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1 year 6 days ago #284848 by Filey
Replied by Filey on topic URGENT HELP PLEASE
Hi, thank you very much for sharing this nugget of info regarding dwp and previous tribunal evidence being available to dwp etc! I also did not know this, so thank you! I'm also going through another tribunal for my adult Son and have already won the same tribunal for the same reasons as I am appealing now, 2023 and the previous tribunal was in 2017. I've wrote down everything I've read on here , so thank you very much, to yourself and the mods!
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