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PIP Appeal help

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8 months 6 days ago #289235 by JK
Replied by JK on topic PIP Appeal help
In the tribunal pack that have added my UC LCWRA medical report done by a nurse who said

“I advise that the client meets the criteria for Limited Capability for Work Related Activity as they have severe functional disability.”

Should I be linking this back to my PIP claim?

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8 months 6 days ago #289239 by Chris
Replied by Chris on topic PIP Appeal help
Hi JK,

It's all down to self preference, and whatever you feel comfortable with. I'm not overly sure if they'll allow you to change, I've read both that in exceptional circumstances it was allowed, whilst also that certain people have had their request to change denied.

Good luck though, and I hope you get the outcome that you're hoping for.

Regards, Chris

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8 months 6 days ago #289240 by Chris
Replied by Chris on topic PIP Appeal help
Hi JK,

No - they should be separate - maybes they've done this to save on time and additional costs.

Chris.

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8 months 6 days ago #289244 by JK
Replied by JK on topic PIP Appeal help
Hi Chris,

Sorry I didn’t understand what you meant that they’re separate?
Sorry my fault I don’t think I worded it correctly. I meant I can see from the Appeal papers they emailed to me, at the end they’ve attached my UC medical report where a nurse said I meet the grounds for LCWRA. I had no idea that this would be included in the pack they sent. Should I make reference to this when I send in my rebuttal and further evidence?

Thanks
Jess

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8 months 6 days ago #289246 by LL26
Replied by LL26 on topic PIP Appeal help
Hi JK,
Having 'serious functional disability is a strong indicator that you should get at least some points for PIP. Contrast the UC report to the PIP one, I suspect that you will see that the PIP one is somewhat lacking. If so, this is good evidence because yoy have a very valid argument that the PIP decision maker relied in poor information, hence his decision is likely to poor as well.
It is normal practice to include reports fir other benefits.
I hope this helps.
LL26

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8 months 6 days ago #289247 by BIS
Replied by BIS on topic PIP Appeal help
Hi JK

PIP is a separate benefit, so although a claimant might meet the grounds for LCWRA, it doesn't automatically mean a claimant fulfils the criteria for PIP and vice versa. However, there is an overlap, and the DWP has included it in your evidence, and you can certainly refer to it when you are writing your rebuttal and sending in further evidence.

Check out the ESA/UC overlap that we have compiled at benefitsandwork.co.uk/guides-for-claimants/pip (half way down the page). It will help you push harder on the parts that apply to both benefits.

BIS

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