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Home Visit what to expect

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6 years 11 months ago #188877 by Gordon
Replied by Gordon on topic Home Visit what to expect
Kathy

Claimants over 65 cannot receive an increased Mobility award or a new one if they do not already have one already, so someone with an Enhanced award will continue to receive it as long as they continue to meet the criteria for one.

Gordon

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6 years 11 months ago #189421 by KathyS
Replied by KathyS on topic Home Visit what to expect
I'm sorry to trouble you again and hope this will be the last time :blush:

Following a 'no change' decision on the Mandatory Reconsideration request, I will be submitting an appeal (on behalf of my husband). We will be asking them to make a decision on ‘papers only’.

I would be so grateful if you could just clarify some things for me before I start
1. When sending in the Notice of Appeal Form – should I be sending any additional evidence I have, at that stage, or can I send it after I get the appeal bundle?
2. Am I allowed to raise any ‘issues’ with the original decision, that I did not mention in the Mandatory reconsideration request, or am I limited only to those originally contested by me.
3. My husband is unable to use Public Transport (& doesn’t drive) due to physical problems rather than cognitive do any of the descriptors under ‘Planning and following journeys’ – apply in his case, or do all those descriptors relate to cognitive issues only.

Thanks to all on this site that give their time & help so freely - especially Gordon.

Kathy

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6 years 11 months ago #189426 by KathyS
Replied by KathyS on topic Home Visit what to expect
Sincere apologies I missed this off my list of questions!
Our doctor is happy to assist my husband in supplying any medical evidence he can to support my husband's appeal. Especially in the area of issues that may not have been considered or misinterpreted by the HP/Assessor. He asked me to send him in a 'note' giving him some indication of what was required.

I am concerned the DWP or whoever, can ask to see, not only my husbands medical records (which is fine) but the note to the doctor, clarifying what is required, as well. Do you have any advice on how he can protect himself from this request (note) being misconstrued as 'leading' the doctor.
For example, can we tell the surgery the DWP can see everything except that request - or do you think there is a better way?

Thank you so much

Kathy

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6 years 11 months ago #189479 by Gordon
Replied by Gordon on topic Home Visit what to expect

KathyS wrote: I'm sorry to trouble you again and hope this will be the last time :blush:

Following a 'no change' decision on the Mandatory Reconsideration request, I will be submitting an appeal (on behalf of my husband). We will be asking them to make a decision on ‘papers only’.

I would be so grateful if you could just clarify some things for me before I start
1. When sending in the Notice of Appeal Form – should I be sending any additional evidence I have, at that stage, or can I send it after I get the appeal bundle?
2. Am I allowed to raise any ‘issues’ with the original decision, that I did not mention in the Mandatory reconsideration request, or am I limited only to those originally contested by me.
3. My husband is unable to use Public Transport (& doesn’t drive) due to physical problems rather than cognitive do any of the descriptors under ‘Planning and following journeys’ – apply in his case, or do all those descriptors relate to cognitive issues only.

Thanks to all on this site that give their time & help so freely - especially Gordon.

Kathy


1. You can but the normal process is that once your appeal is submitted the TS will notify the DWP, they will then prepare and send their submission to you, it's a this point that you would complete you own submission, taking into account any new issues raised in the DWP's submission.

You can submit information up to seven days before your hearing, unless you opt for a paper hearing in which case you need your papers to be with the TS no later than one month from the date of the letter accompanying the DWP bundle.

2. The appeal will review your claim from scratch so you can raise whatever issues you want, however, you should try and keep the issues you raise on your SSCS1 and your submission in sync.

3. I think he will struggle to score points for the Going Out activity based on your post for two reasons. Although there is no explicit reference to mental health, cognitive or sensory problems in the legislation it is generally accepted that the Going Out activity is only for these conditions and I think that any Decision made on the basis of a physical condition would significantly raise the chances of the DWP appealing the Decision further.

Secondly, the Descriptors make no reference to the use of Public Transport, it's unclear how the TS view this issue but we regularly see the DWP removing points because of this.

Whilst I would still mention his issues with Public Transport if you show that he meets the criteria for the Going Out activity more directly then I would.

Gordon

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

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6 years 11 months ago #189480 by Gordon
Replied by Gordon on topic Home Visit what to expect

KathyS wrote: Sincere apologies I missed this off my list of questions!
Our doctor is happy to assist my husband in supplying any medical evidence he can to support my husband's appeal. Especially in the area of issues that may not have been considered or misinterpreted by the HP/Assessor. He asked me to send him in a 'note' giving him some indication of what was required.

I am concerned the DWP or whoever, can ask to see, not only my husbands medical records (which is fine) but the note to the doctor, clarifying what is required, as well. Do you have any advice on how he can protect himself from this request (note) being misconstrued as 'leading' the doctor.
For example, can we tell the surgery the DWP can see everything except that request - or do you think there is a better way?

Thank you so much

Kathy


The simplest solution is not to send the note but rather go and see the GP. If you want to give them some structure to write to then there is a GP Notes document in PIP section that has the Descriptors and invites the GP to complete the pages without input from the claimant.

Gordon

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

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6 years 11 months ago #189631 by KathyS
Replied by KathyS on topic Home Visit what to expect
Hi Gordon,
The GP notes form in the PIP section of your site - is this the same as the DWP would send if they had asked the GP themselves?

Thank you
Kathy

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