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PIP MR rejected: Appeal or Change of Circumstances?
- ivyfox
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1 year 5 months ago #280963 by ivyfox
PIP MR rejected: Appeal or Change of Circumstances? was created by ivyfox
Thank you all for your invaluable advice which has helped me to secure my own benefit entitlement and then that of a friend.
I am currently assisting another friend with her PIP review.
Previously she was issued a DS1500 notice by her consultant and additionally helped by Macmillan nurses to complete her application; she has Stage 4 cancer with bone metastases.
When she last saw her consultant, he was able to give her the good news that he no longer considers her condition to be terminal in the short to medium term. Unfortunately this meant she was no longer eligible for help to complete the PIP renewal form.
She had a PIP assessment by telephone... while she was ill in bed with Covid-19.
Her PIP award has gone from Enhanced DL & Mobility to Standard only.
I helped her to apply for MR, stating that she had an appointment with her GP on 14 March & would submit additional evidence ASAP thereafter. The DWP said they would decide on 31 March: she submitted the GP's helpful report promptly, whereupon the DWP made a decision on 20-something March stating "no change in award".
My friend - understandably, given the complexity of the system - thought she had reached the end of the line. I've explained that's not so: it's possible to appeal after the one month time limit, which is generally allowed.
In the meantime, she has developed an additional condition, arising from the bone metastases in her pelvis and femurs, which really limits her mobility. This condition has been present for more than 3 months and is likely to last longer than 9 months.
So I'd be grateful for your responses: is it preferable to appeal the PIP decision already made, or notify a CoC and itemise every facet of DL & mobility with which she struggles?
With renewed thanks and gratitude for all the help and advice provided by the B&W community
I am currently assisting another friend with her PIP review.
Previously she was issued a DS1500 notice by her consultant and additionally helped by Macmillan nurses to complete her application; she has Stage 4 cancer with bone metastases.
When she last saw her consultant, he was able to give her the good news that he no longer considers her condition to be terminal in the short to medium term. Unfortunately this meant she was no longer eligible for help to complete the PIP renewal form.
She had a PIP assessment by telephone... while she was ill in bed with Covid-19.
Her PIP award has gone from Enhanced DL & Mobility to Standard only.
I helped her to apply for MR, stating that she had an appointment with her GP on 14 March & would submit additional evidence ASAP thereafter. The DWP said they would decide on 31 March: she submitted the GP's helpful report promptly, whereupon the DWP made a decision on 20-something March stating "no change in award".
My friend - understandably, given the complexity of the system - thought she had reached the end of the line. I've explained that's not so: it's possible to appeal after the one month time limit, which is generally allowed.
In the meantime, she has developed an additional condition, arising from the bone metastases in her pelvis and femurs, which really limits her mobility. This condition has been present for more than 3 months and is likely to last longer than 9 months.
So I'd be grateful for your responses: is it preferable to appeal the PIP decision already made, or notify a CoC and itemise every facet of DL & mobility with which she struggles?
With renewed thanks and gratitude for all the help and advice provided by the B&W community
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- Gordon
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1 year 5 months ago #280971 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR rejected: Appeal or Change of Circumstances?
ivyfox
The problem with the previous Decision is that it was based on the DS1500, which meant an automatic Enhanced DL award and it is likely the notice also influenced the Mobility one.
Because of this, you may struggle to show that the new award is incorrect unless it is quite clear that she should have scored twelve or more points for one or both of the components irrelevant of the DS1500.
She can still request an appeal if she wants, processing times have increased but you are still looking at six months as a minimum and possibly longer before a hearing is held. Would she be up to participating? It could be a face-to-face hearing, or a video one or just over the phone, we can't predict what will be happening that far into the future.
Whatever she decides to do in regard to an appeal she can report a Change but I would make sure that she meets the criteria for the Enhanced award before doing so, if she is just relying on walking distance then she needs to be restricted to no more than 20m on the majority of days, this is a lot shorter than most people think.
Gordon
The problem with the previous Decision is that it was based on the DS1500, which meant an automatic Enhanced DL award and it is likely the notice also influenced the Mobility one.
Because of this, you may struggle to show that the new award is incorrect unless it is quite clear that she should have scored twelve or more points for one or both of the components irrelevant of the DS1500.
She can still request an appeal if she wants, processing times have increased but you are still looking at six months as a minimum and possibly longer before a hearing is held. Would she be up to participating? It could be a face-to-face hearing, or a video one or just over the phone, we can't predict what will be happening that far into the future.
Whatever she decides to do in regard to an appeal she can report a Change but I would make sure that she meets the criteria for the Enhanced award before doing so, if she is just relying on walking distance then she needs to be restricted to no more than 20m on the majority of days, this is a lot shorter than most people think.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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