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Friend's problems with PIP

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7 years 5 months ago #170890 by lesley
Replied by lesley on topic Friend's problems with PIP
Dear Gordon,
I shall let my friend know this and your suggestions about a letter. Should she send the original documents such as telephone logs, she received from DWP/Atos or photocopies with this covering letter?
Thanks again for your comprehensive instructions.
Lesley

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7 years 5 months ago - 7 years 5 months ago #170891 by Gordon
Replied by Gordon on topic Friend's problems with PIP

lesley wrote: Dear Gordon,
I shall let my friend know this and your suggestions about a letter. Should she send the original documents such as telephone logs, she received from DWP/Atos or photocopies with this covering letter?
Thanks again for your comprehensive instructions.
Lesley


Copies should be fine, but they should mention that they have originals if required.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by Gordon.

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7 years 5 months ago #170895 by lesley
Replied by lesley on topic Friend's problems with PIP
Thank you.
Lesley

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7 years 4 months ago #172667 by lesley
Replied by lesley on topic Friend's problems with PIP
Just to update you.
I went to the tribunal today with my friend. We arrived in plenty of time and were called into the appropriate tribunal room. I had to give my name and what capacity I was there as, which was simply as a friend. There were 3 people sitting behind a big table and we sat opposite.
The main speaker put us at ease and spoke quietly and gently. There was a "disabled" representative, a doctor and to be honest can't remember what the other person's qualification was. He was the main speaker.
He said that they were going to ask some questions and then my friend could respond.
She was by then in a bit of a state, poor thing, but the speaker told her to take her time. She related her story and had taken plenty of correspondence with her which I am afraid because she was so nervous got into more and more of a muddle. She was shaking by then, so the main speaker gently took the papers from her to look through them himself.
Anyway, long story short, they said that they would overturn the DWP and ATOS decision, write a letter to them and she would qualify to have a PIP assessment.
So she is past the first hurdle.
I assume that she will get her D.L.A. re-instated until we know the outcome of the PIP assessment?

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7 years 4 months ago #172691 by Gordon
Replied by Gordon on topic Friend's problems with PIP
lesley

She ought to have her DLA re-instated but I am not sure that she will although I really hope that I am wrong, I fear that that rather than doing this they will choose to backdate any PIP award to the day after her DLA was stopped.

There was a recent Upper Tier Tribunal Decision about this, which said that the DLA should only be re-instated if the DWP had made an error in closing the claim. Unfortunately the closure of your friend's DLA would not be classed as an error.

If this happens then the only thing I can suggest is to try contacting her MP about the situation.

Contacting your MP

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 4 months ago #172753 by lesley
Replied by lesley on topic Friend's problems with PIP
Dear Gordon,
Oh dear! Thanks for this. I shall try to warn her in a very diplomatic way. Hate to be the bearer of bad news, but I guess forewarned is forearmed.
She was already in contact with her MP about the whole matter. She let me read his letter to the DWP. in protest of her having to attend a tribunal at all. Well nothing happened because she still had to go.
Thanks again. Don't feel up to e.mailing her the possible bad news this evening.
Even I found the whole process depressing and stressful. Can't imagine how she must be feeling.
Goodnight and thanks again.
Shall let you know what happens.
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