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DLA to PIP query

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6 years 10 months ago #188754 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
Name, date and time was noted and I can accurately transcribe the assurances made.

Will be interesting to see what happens.

Thanks again Gordon, have a good weekend

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6 years 9 months ago #190425 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
Hi.. this is still going on here.. MR was clearly a rubber stamp job ignoring further evidence a significant report. I'm now looking to appeal.

I especially want to challenge duration as I have autism, and the prime minister recently stated they have stopped reassessing people repeatedly with lifelong conditions (paraphrasing).

Sorry, I'm reading the guide but I'm a bit confused ... Do I need to provide all the documentation and present my case with the SSC1 appeal form? Or is this just stage 1, where I outline a basic position, then submit documentation for the hearing at a later date after I see DWP's response?

I'm short on time again, as the longer this process has dragged out the more it's interfered with my mental health.

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6 years 9 months ago #190434 by Gordon
Replied by Gordon on topic DLA to PIP query
TheDayToday

There are no plans to stop assessments for some PIP claimants, this was for ESA and has not yet been implemented.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons or extra evidence at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheDayToday

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6 years 5 months ago #198540 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
Hi...

I have been awaiting a tribunal for months now.. I have seen a welfare advisor and was told I 'have a decent case' however the wait is impacting my health. I have aspergers and I dread upcoming interactions ..

Also in a recent post Gordon wrote that time extensions are rarely granted, which was one of the reasons for pursuing an appeal. My functional problem relate to autism which is lifelong.

I'm deliberating whether to give up.. this would result in being reassessed again probably next year.

1. Could you please tell me how to end an appeal and how much notice is required?

2. If I end the appeal would this have any prejudice on future assessments? Eg. I have mobility problems and believe I was not awarded sufficient points for this. If I ditch the appeal when another assessment comes along, can they turn around and say 'you didn't have mobility problems at the previous assessment' because I didn't fight for the correction? Can an award set a precedent for future awards?

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6 years 5 months ago #198564 by Gordon
Replied by Gordon on topic DLA to PIP query
TheDayToday

The decision is obviously yours, but are you sure that your health will improve if you cancel the appeal, you may regret doing so and actually make your health even worse.

If you want to cancel the appeal then all you have to do is contact the Tribunal Service, you can ring but follow it up in writing, you can withdraw the appeal at any time up to and including the day of a hearing.

You also have to option of switching to a Paper hearing that you do not need to attend, this may be heard faster than an Oral hearing.

Any future assessment will be based on your health and limitations at that time, so your withdrawing your appeal will not be a factor, however, you will have to explain how your conditions have changed to warrant a higher award as their starting point for a review will be your current award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheDayToday

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6 years 5 months ago #199494 by TheDayToday
Replied by TheDayToday on topic DLA to PIP query
It's a while back.. but I wanted to say how much I appreciated your prompting here..

Those are very good questions - and I've put these questions to myself, and got quite emotional. Basically I was considering giving up because I'm exhausted by the process and anxiety.. going to the tribunal will be an ordeal.

I don't want to quit for those reasons I hope I have the strength to see it through. One tries to live in hope of getting better, but I needed a reality check.

Thanks, and I will let you know the outcome.

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