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Pip claim journey to Appeal
- Sum
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14 hours 46 minutes ago #307617 by Sum
Replied by Sum on topic Pip claim journey to Appeal
Hi All ,
im just reviewing guidance on here re EVIDENCE , to support appeal submission.
Do I need to send in a copy of the original PIP2 appln and a copy of the HAAS report ? I thought thats provided by DWP bec they relied on that to make decision.
Thanks
im just reviewing guidance on here re EVIDENCE , to support appeal submission.
Do I need to send in a copy of the original PIP2 appln and a copy of the HAAS report ? I thought thats provided by DWP bec they relied on that to make decision.
Thanks
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- LL26
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13 hours 46 minutes ago #307618 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip claim journey to Appeal
Hi Sum,
PIP 2 and any assessment report should be included in the papers that DWP will prepare. The papers (often called appeal bundle) will also contain the MR letter and decision as well as the appeal form and any thing sent in with that. If you want to make some legal arguments (submission) or you have new medical evidence or supporting statements you can send these in now, or await the bundle so that you can contradict what DWP has said more easily. The tribunal will get copies of the bundle and any new evidence sent in.
If there has been previous claims for PIP or DLA or perhaps UC or ESA DWP ought to include decisions and reports about these too. Caselaw has confirmed this should happen. DWP always pretend that these are different benefits - indeed they are but there is a lot of cross over. However, if for example DWP for UC confirm poor hand mobility for writing or carrying things, it potentially correlates to disability with cooking chopping or peeling, or maybe doing up buttons for dressing etc.
Good luck with the appeal.
Let us know how you get on.
I hope this helps.
LL26
PIP 2 and any assessment report should be included in the papers that DWP will prepare. The papers (often called appeal bundle) will also contain the MR letter and decision as well as the appeal form and any thing sent in with that. If you want to make some legal arguments (submission) or you have new medical evidence or supporting statements you can send these in now, or await the bundle so that you can contradict what DWP has said more easily. The tribunal will get copies of the bundle and any new evidence sent in.
If there has been previous claims for PIP or DLA or perhaps UC or ESA DWP ought to include decisions and reports about these too. Caselaw has confirmed this should happen. DWP always pretend that these are different benefits - indeed they are but there is a lot of cross over. However, if for example DWP for UC confirm poor hand mobility for writing or carrying things, it potentially correlates to disability with cooking chopping or peeling, or maybe doing up buttons for dressing etc.
Good luck with the appeal.
Let us know how you get on.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 hours 22 minutes ago #307622 by Sum
Replied by Sum on topic Pip claim journey to Appeal
Hi LL26 ,
Thank you so much for your reply.
I've submitted a full Appeal. Now wating for DWP to meet their response deadline. I did include the UC/WCA assmt outcome. Hoping this will help sons case.
We applied for ESA awhile ago. Got a call to say son was eligible , but 'agent said ''technically the claim makes no material difference, ''and so do i want to continue the claim? i wasnt sure and nothing made sense. I never heard anything since .... would be nice to see if this is included in the bundle ?!
Atm , while waiting , i'm focusing on sons AR1 review submission. What do i say for activities where he got full points ..... do i answer the questions regardless as nothing has changed or just state 'no change'
i need to post the AR1 this week to meet the deadline.
Any pointers would be greatly appreciated as always.
thanks in advance
Thank you so much for your reply.
I've submitted a full Appeal. Now wating for DWP to meet their response deadline. I did include the UC/WCA assmt outcome. Hoping this will help sons case.
We applied for ESA awhile ago. Got a call to say son was eligible , but 'agent said ''technically the claim makes no material difference, ''and so do i want to continue the claim? i wasnt sure and nothing made sense. I never heard anything since .... would be nice to see if this is included in the bundle ?!
Atm , while waiting , i'm focusing on sons AR1 review submission. What do i say for activities where he got full points ..... do i answer the questions regardless as nothing has changed or just state 'no change'
i need to post the AR1 this week to meet the deadline.
Any pointers would be greatly appreciated as always.
thanks in advance
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- LL26
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5 hours 16 minutes ago #307628 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip claim journey to Appeal
Hi Sum,
On an AR1 I normally tick the no change box, but then write eg
My son still needs to be supervised whilst eating or drinking as he has regular choking fits. It is not safe for him to do this activity without supervision. He can have up to 10 choking fits per day.....etc
Basically say no change and then explain the help still required and or the inability to perform the activity etc is still present.
I'm not sure why the ESA 'didn't make any difference' maybe you need to explore this. If you wish to provide more information on this one of the Mods might be able to explain this.
Good luck with the review etc.
Let us know how you get on.
LL26
On an AR1 I normally tick the no change box, but then write eg
My son still needs to be supervised whilst eating or drinking as he has regular choking fits. It is not safe for him to do this activity without supervision. He can have up to 10 choking fits per day.....etc
Basically say no change and then explain the help still required and or the inability to perform the activity etc is still present.
I'm not sure why the ESA 'didn't make any difference' maybe you need to explore this. If you wish to provide more information on this one of the Mods might be able to explain this.
Good luck with the review etc.
Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 hours 42 minutes ago #307629 by Sum
Replied by Sum on topic Pip claim journey to Appeal
Thanks LL26 for helpful reply. Makes it clear, now i can get on with it.
Re the ESA its been bothering me for a while but with everything else i forgot about it. I was half expecting a letter to confirm the tel call . But quel surprise nothing !
i did raise a question on here in one of my previous posts. I feel i may have dropped the ball on this one ....
if i have time i may muster energy to double back and see if i can recall any of the esa stuff .... might need it
Re the ESA its been bothering me for a while but with everything else i forgot about it. I was half expecting a letter to confirm the tel call . But quel surprise nothing !
i did raise a question on here in one of my previous posts. I feel i may have dropped the ball on this one ....
if i have time i may muster energy to double back and see if i can recall any of the esa stuff .... might need it
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3 hours 11 minutes ago #307630 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip claim journey to Appeal
Hi Sum,
I would pursue the ESA...you might be entitled but if not at least you'll know. If you are entitled then DWP should pay you...
Good luck.
LL26
I would pursue the ESA...you might be entitled but if not at least you'll know. If you are entitled then DWP should pay you...
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sum
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