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TOPIC: PIP Medical Date received

PIP Medical Date received 6 months 2 weeks ago #185730

Please forgive me, Fopal, I am rather confused :blush:

I thought you had not been awarded enhanced rate mobility? In which case, DWP will not be paying for your motability vehicle. It doesn't any any difference that you are going to appeal.

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Last Edit: by Mrs Hurtyback.

PIP Medical Date received 6 months 2 weeks ago #185782

Apologies for any confusion that i may have caused. :blink:

The reconsideration was made with no changes to the original decision. Of which i was awarded standard. Upon reading further, the DWP have paid money into my account to cover a particular date.

I was under the impression, that if i go to tribunal the DWP would continue to pay my award money to motobility, until the tribunal decision has been made?

On another note, i have looked through the HP report in detail again. There are quite a few spelling mistakes and the HP refers to me mistakenly as a 'She' in one sentence.

There is also a full page of examination information, which is confusing, as i did not have any of those examination tests. Would i be ok to post a picture here, (i will ensure it is sanitised before posting).

On a further note (and sorry for all the questions) is it worthwhile me seeking out a benefits specialist to attend the tribunal with me?

Finally, do i need to notify DWP of my intention to go to tribunal?

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PIP Medical Date received 6 months 2 weeks ago #185809

Hi Fopar,

DWP will pay you the amount relating to the recent decision. As you did not get the enhanced level of mobility, you are not entitled to a motability vehicle and DWP will not send motability further payments.

You do not have to tell DWP that you will be appealing, the tribunal service will do that when they have accepted your appeal.

I'm afraid you cannot send us a copy of the report. Don't get yourself tied up by the spelling mistakes etc, these are not relevant to the eventual decision. You might need to point out that the examination never happened but the tribunal service will want to hear from you about your limitations, they will pay much less attention to the assessment.

You might find it helpful to have someone attend the tribunal with you - but I have to warn you that it is increasingly difficult to find such a person :(
The following user(s) said Thank You: FopaUK

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

PIP Medical Date received 6 months 5 days ago #187057

I have just a few days to get my tribunal request in, i have been trying to plough through all the great advice that you have kindly put together, but i am finding the whole thought and process utterly daunting if i am completely honest.

A few questions if i may.

The sscs form, and in particular section 5 'About your appeal' - Do i have to provide an in-depth explanation at the point of submission to justify the need for appeal. Or do i have time, to consider the evidence and build up my case in during the receipt of DWP files etc? To summarise, can i just provide a basic explanation as to why, or should i fully explain with the use of descriptors etc?

What is the success rate of tribunals?

Is there any success data by region?

If a tribunal is found in the applicants favour, what is there to stop DWP, reassessing your claim again a few months later, is there a protection mechanism?

Motability, have been really helpful in that they have commented that when the request for a return of the car is made, that they consider the client first and foremost over the need to re-coup the car asap, which is slightly re-assuring?

I look forward to your replies.

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PIP Medical Date received 6 months 5 days ago #187067

FopaUK

You don' have to go into detail about your reasons for appealing on the SSCS1. 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.

The success rate at appeal for PIP is well in excess of 60%, I haven't seen regional statistics.

If the DWP accept the Tribunal Decision then I would not expect then to reassess you as normal, one year before the end of the award.

Gordon

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PIP Medical Date received 6 months 5 days ago #187097

Gordon, thank you ever so much. Form is going in today.

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Moderators: bro58GordonMrs Hurtyback