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50% ruling

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6 years 10 months ago #189463 by Jane52
50% ruling was created by Jane52
Am making first time pip application - have been given 4 points - 2 for cooking, 2 for bathing re risk. Have gone through mandatory reconsideration process giving further evidence of recent head injury, home alone, in a seizure, needing to have head glued - disability is epilepsy. The context to seizure was making a phone call to g.p, pusing redial as line engaged for long time, so does not come under any of headings in PIP. What do I do with something like this? DWP responded quickly stating "As your needs vary, my decision is based on help you need most days. There is no dispute regarding your state of health, however eligibility for PIP is based on capacity to carry out prescribed activities for the majority of the time, rather than severity of condition or illness". Is this correct? Their focus is " majority of time" rather than degree of injury and risk throughout. Will contact CAB to appeal as read of new rulings on this site that talk of 50% not needing to be the case if risk enough e.g. crossing roads in absence seizures/collapsing in roads in seizure. Can anyone advise what to ask them? Also read on here about a typical day - I do not have one - they are stating I said I do - Do I challenge this? Gave DWP lots of medical evidence including photos of burns in a seizure, g.p. medical records of ambulance called out, - report states they are in receipt of them, but not much more than this - is this enough, or can I ask for more? Any thoughts/support from people who have been through similar would be helpful as on time limit now
Many thanks
Jane

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6 years 10 months ago #189503 by Gordon
Replied by Gordon on topic 50% ruling
Jane

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The recent UTT Decision that you mention is definitely the thing to be looking at, the latest PIP Claim guide has details of the Decision and what it means.

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 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, taking into the account the recent UTT Decision, to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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6 years 10 months ago #189657 by Jane52
Replied by Jane52 on topic 50% ruling
What is my PIP2 - is that my mandatory reconsideration - Still working my way round what everything means My assessment report I assume is what the nurse wrote? Can you clarify what they all are? Writing a draft at the moment for SSCS1 using your e-mail on safety and supervision. Is there something more indepth about it on here I can find - and where do I find it.
Many thanks.

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6 years 10 months ago #189667 by Gordon
Replied by Gordon on topic 50% ruling
Jane

The PIP2is the form you filled in to explain about your problems.

The PIP Claim guide has more details about the changes to safety and supervision.

Gordon

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

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6 years 10 months ago #189687 by Jane52
Replied by Jane52 on topic 50% ruling
Thank you for clarification. Could you also clarify what you mean when you say I do not have to provide detailed reasons at this stage for your request . I thought I had to submit everything with appeal
Many thanks
Jane

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6 years 10 months ago #189688 by Gordon
Replied by Gordon on topic 50% ruling

Jane52 wrote: Thank you for clarification. Could you also clarify what you mean when you say I do not have to provide detailed reasons at this stage for your request . I thought I had to submit everything with appeal
Many thanks
Jane


As I explained in a previous post, you only need to provide basic reasons for your appeal with the SSCS1, once you appeal is accepted the DWP will send you a copy of their own submission and you then have an opportunity to provide your own detailed response.

Gordon

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

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