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will i still have to renew claim if review = F2F?

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6 years 10 months ago #190988 by Sula Maye
Hi,
I have M.E, had a horredous HP assessment when I first claimed PIP 2 years ago, went to tribunal zero points became 27, awarded until April 2018. Took months for my condition to stabilise.
Review forms arrived beginning of April. Big Shock as NOTHING on original award letter mentioning this could happen and under 18 months since won at tribunal. Filled in no change, used your advice gave additional info on everything tribunal had awarded and mentioned tribunal findings as much as possible. GP wrote another letter confirming no change in condition, no treatment for condition and no forseeable change as I have now been house and bed bound over 6 years.
Friday call from Capita, have to go to Swansea again for HP assessment. Refusing home visit, say none available, results in me on phone to GP prescribed diazepam and being offered antidepressants, as highly distressed, having suicidal thoughts etc when my only mental health problem is the DWP. GP writing letter to support need for home visit. Unlikely to get one anyway and am expecting same process as before, treated as lying scum and will be forced to Tribunal again.
Three specific questions:
1. If new HP assessment etc is done will I still have to renew my PIP application in 2018, or does this replace that process? Basically am I going to have to do this, and then do it all again come next spring? When partner asked DWP originally answer was unclear, along the lines of, this is to make sure there's no delay in your renewal, whilst also stating nothing to worry about??? ha ha ha.
2. as the DWP case manager had no evidence that my ability to function had altered, and GP letter confirmed the same, can I challenge the decsion to refer me to CAPITA or at least request under data protection they give me the record of their reasoning?
3. Although if I didn't have M.E I could logistically and intellectually manage this process, because of the sensitivity of my body to stress and my previous treatment I am becoming very ill just thinking about it all the time and running through what I need to do and say at tribunal etc etc. CAB are only advice service available in Carmarthenshire and they are useless, can't advocate at tribunal and refuse to quote caselaw when requested in my review and in my original tribunal. i'm wondering how a tribunal would view me employing a benefits lawyer or someone good to advocate for me at tribunal as I need to be able to hand this over to someone else for the sake of my health and my family's - all severely affected by my poor health. Suspect might get up tribunals nose, make me look suspious (yes I am paranoid now) and simply cost too much. Any thoughts?
Thank you.

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6 years 10 months ago #191036 by Gordon
S

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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


To answer your questions

1. This reassessment will result in a new Decision that will replace your current award so you won't be reassessed next year unless the new award requires it.

2. No I'm afraid you can't. Assessment decisions are the responsibility of the Assessment Provider and are not appealable decisions. They are not required to justify the decision!

3. Tribunals are used to claimants having a Representative so I would not expect your doing so to have any effect on their Decision, however, be aware that benefit law is a specialised area and most solicitors have no experience in this area.

I know you say that the CAB is the only advice available but it would be worth your doing an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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6 years 10 months ago #191054 by Sula Maye
Thanks Gordon. I have done the check, the only other service concluded my partner was intelligent enough to do it ourselves. Not really the point is it. Any idea how one finds a benefits lawyer or advocate who knows anything?

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6 years 10 months ago #191060 by Gordon

Sula Maye wrote: Thanks Gordon. I have done the check, the only other service concluded my partner was intelligent enough to do it ourselves. Not really the point is it. Any idea how one finds a benefits lawyer or advocate who knows anything?


Have a look at the following

www.gov.uk/government/publications/direc...-legal-aid-providers

Gordon

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

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