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TOPIC: Desperately needing advice

Desperately needing advice 2 months 3 weeks ago #201793

babylonair

I'm not sure I can advise either way. :(

As you do not have a claim at the moment it is difficult it is difficult to see how they can insist on a new assessment, however they may (probably will), notify the Tribunal Service and your appeal could be stayed until you attend. An assessment is a required component of a PIP claim.

If you can, try and get face to face advice from a trained advisor.

Gordon

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

Desperately needing advice 2 months 3 weeks ago #201799

sorry, when you say trained advisor, do you mean like my welfare rights advisor?

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Desperately needing advice 2 months 3 weeks ago #201805

just a note, it is the letter off atos/IAS that says they have arranged a new f2f at my home and that they have contacted the DWP. I have not heard anything off the DWP, but all correspondence would have to go through the tribrunal centre now wouldnt it? Were still waiting for their written response to my appeal, but surely they cant just say oh you have to have another assessment because the other one was wrong, then use the new assessment for evidence in a claim thats gone to appeal? its bonkers.

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Desperately needing advice 2 months 3 weeks ago #201815

babylonair wrote: sorry, when you say trained advisor, do you mean like my welfare rights advisor?


Yes, if you go to the CAB then they triage claimants, you need to speak to someone at the second level, no the first.

Gordon

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

Desperately needing advice 2 months 3 weeks ago #201817

babylonair wrote: just a note, it is the letter off atos/IAS that says they have arranged a new f2f at my home and that they have contacted the DWP. I have not heard anything off the DWP, but all correspondence would have to go through the tribrunal centre now wouldnt it? Were still waiting for their written response to my appeal, but surely they cant just say oh you have to have another assessment because the other one was wrong, then use the new assessment for evidence in a claim thats gone to appeal? its bonkers.


You can contact the DWP to see whether they want a new report, but if they do then you are likely committing to your attending.

Gordon

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

Desperately needing advice 2 months 5 days ago #203066

Hi guys, update my appeal was logged on 4th Nov and atos had effectively withdrawn their original AR and then informed me I was to have a home visit for another f2f whole new assessment for a decision they made in Aug! They came last week, and this morning the DWP rang me to say they could now award standard rate for both, when I asked for a copy of the new report and said I thought all correspondence was supposed to go through the tribunal she said there wasnt time as they only had limited time left to present their case and they had already been given an extension by the tribunal (which I was unaware of) and therefore no written notice of the new/revised decision (award) and I have till tomorrow morning, when they will phone me back, to decide if I want to accept or not. :angry: If I do they will stop the appeal, if I dont accept I will 'have to go in person and present myself in front of the tribunal' but I thought this is supposed to still go through the tribunal as supporting evidence, and I should at least be able to read the new report before I make a decision?

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