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FACE TO FACE 0 POINTS REGARDLESS OF RULING
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10 months 1 week ago - 10 months 1 week ago #286694 by Navigator
FACE TO FACE 0 POINTS REGARDLESS OF RULING was created by Navigator
Good afternoon Everyone,
I recently used your guides to help a deaf friend to get PIP at the standard rate in both components.
However she scored NO points for engaging with people face to face? As I believe that despite the new ruling they are still not applying the correct law.
My friend is Deaf, so it is unbelievable that she would not have issues when engaging with people face to face, and the assessor stated that she had no problem's understanding any of the questions put to her?
Her son who is 18 had to accompany her and waited in the waiting room outside whilst the assessment took place, I feel that this under the new ruling would have scored her 2 or 4 points. As he has grown up with helping her with her condition.
She still has 14 days remaining to ask for a reconsideration, but she is concerned like a lot of people that they will make her do the whole process over again.
Please could you help me to help her.
Is it true that if you challenge the decision, you payments stop, until the new decision is arrived at?
She has had the back pay, and is getting stand rates in both components, but I feel that if I am right, she would get the enhanced rate in the DLC if points had been awarded for engaging face to face.
Hope you can help.
Kindest regards
[name removed]
I recently used your guides to help a deaf friend to get PIP at the standard rate in both components.
However she scored NO points for engaging with people face to face? As I believe that despite the new ruling they are still not applying the correct law.
My friend is Deaf, so it is unbelievable that she would not have issues when engaging with people face to face, and the assessor stated that she had no problem's understanding any of the questions put to her?
Her son who is 18 had to accompany her and waited in the waiting room outside whilst the assessment took place, I feel that this under the new ruling would have scored her 2 or 4 points. As he has grown up with helping her with her condition.
She still has 14 days remaining to ask for a reconsideration, but she is concerned like a lot of people that they will make her do the whole process over again.
Please could you help me to help her.
Is it true that if you challenge the decision, you payments stop, until the new decision is arrived at?
She has had the back pay, and is getting stand rates in both components, but I feel that if I am right, she would get the enhanced rate in the DLC if points had been awarded for engaging face to face.
Hope you can help.
Kindest regards
[name removed]
Last edit: 10 months 1 week ago by Gordon.
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10 months 1 week ago #286735 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FACE TO FACE 0 POINTS REGARDLESS OF RULING
N
I've removed your real name from the post, I would recommend that you do not include it in future ones.
No, if they have an award then it will remain in payment during andMR and/or appeal.
The first thing your friend needs to consider is whether the extra points would result in an Enhanced award, if they would not and no other points are in question then there is no value in going through the process.
The extra two points are in regard to needing "Social Support", there is a definition for this in the PIP Claim guide, whilst I agree that a deaf person may need this additional support in a social situation it is not a given.
So, you and your friend need to consider what information you included for this in the form that was completed and what was said in the assessment.
Do they have a copy of the Assessment Report (PA4), if not then they or someone on their behalf should contact the PIP Helpline. It could take longer than the remaining time for a normal MR for the report to arrive, if this is the case then then can make a Late request citing the wait for the report as Good Cause for failing to request the MR within the normal timeframe.
Gordon
I've removed your real name from the post, I would recommend that you do not include it in future ones.
No, if they have an award then it will remain in payment during andMR and/or appeal.
The first thing your friend needs to consider is whether the extra points would result in an Enhanced award, if they would not and no other points are in question then there is no value in going through the process.
The extra two points are in regard to needing "Social Support", there is a definition for this in the PIP Claim guide, whilst I agree that a deaf person may need this additional support in a social situation it is not a given.
So, you and your friend need to consider what information you included for this in the form that was completed and what was said in the assessment.
Do they have a copy of the Assessment Report (PA4), if not then they or someone on their behalf should contact the PIP Helpline. It could take longer than the remaining time for a normal MR for the report to arrive, if this is the case then then can make a Late request citing the wait for the report as Good Cause for failing to request the MR within the normal timeframe.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Navigator
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10 months 1 week ago #286792 by Navigator
Replied by Navigator on topic FACE TO FACE 0 POINTS REGARDLESS OF RULING
Hi Gordon,
Thank you for your reply, have taken not about not mentioning name.
I feel that the information on the form could not have spelt it out clearer that social support was required as in the new ruling.
The assessor simply sated that as the person had no issues with any of the question's put to her, that she therefore scored 0 points.
the extra 2 points would have meant that the enhanced award would have been applied, and not the standard rate.
and the assessor did not take into account pip regulations 4 and 7, regarding reliability and fluctuating conditions, and although a written request was sent for the assessment to be recorded it was not.
I hope I have got it right, but it seems that the new ruling in relation to support is still not being applied by assessors.
Kind regards
N
Thank you for your reply, have taken not about not mentioning name.
I feel that the information on the form could not have spelt it out clearer that social support was required as in the new ruling.
The assessor simply sated that as the person had no issues with any of the question's put to her, that she therefore scored 0 points.
the extra 2 points would have meant that the enhanced award would have been applied, and not the standard rate.
and the assessor did not take into account pip regulations 4 and 7, regarding reliability and fluctuating conditions, and although a written request was sent for the assessment to be recorded it was not.
I hope I have got it right, but it seems that the new ruling in relation to support is still not being applied by assessors.
Kind regards
N
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