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Tribunal or Fresh PIP Claim
- Flash1284
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6 years 6 months ago #199149 by Flash1284
Tribunal or Fresh PIP Claim was created by Flash1284
Hi , I have just joined and would like some advice regarding what the best course of action would be regarding my wife's PIP claim.
We have received the Mandatory Notice and have been declined PIP. We were looking at going to tribunal but realise that the Tribunal only looks at whether the decision maker made the correct decision at the initial assessment. My wife's circumstances and conditions have worsened considerably since the initial assessment. We notified DWP of these changes in the request to look at our initial claim but they state on the Mandatory notice that they are only reviewing the original decision and not the changes since.
They state A further PIP claim can be made on the based on the circumstances that now exist.
Any advice would be appreciated.
We have received the Mandatory Notice and have been declined PIP. We were looking at going to tribunal but realise that the Tribunal only looks at whether the decision maker made the correct decision at the initial assessment. My wife's circumstances and conditions have worsened considerably since the initial assessment. We notified DWP of these changes in the request to look at our initial claim but they state on the Mandatory notice that they are only reviewing the original decision and not the changes since.
They state A further PIP claim can be made on the based on the circumstances that now exist.
Any advice would be appreciated.
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- Gordon
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6 years 6 months ago #199157 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal or Fresh PIP Claim
R
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?
You don't have to make a decision, you can do both; appeal the current Decision and make a new claim for PIP.
As you have discovered, an appeal (and an MR) can only look at your wife's conditions as they were at the time of the Decision refusing her PIP.
A new claim can take into account her conditions as they are now, there is no waiting time before you can contact the DWP.
.
Of course you may decide that is not worth making the appeal.
In either case have a look at our PIP Claim guide to see the criteria that your wife needs to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have further questions then please reply to this post and we will do our best to help.
Gordon
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?
You don't have to make a decision, you can do both; appeal the current Decision and make a new claim for PIP.
As you have discovered, an appeal (and an MR) can only look at your wife's conditions as they were at the time of the Decision refusing her PIP.
A new claim can take into account her conditions as they are now, there is no waiting time before you can contact the DWP.
.
Of course you may decide that is not worth making the appeal.
In either case have a look at our PIP Claim guide to see the criteria that your wife needs to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
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
Please Log in or Create an account to join the conversation.
- Flash1284
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6 years 6 months ago #199214 by Flash1284
Replied by Flash1284 on topic Tribunal or Fresh PIP Claim
Hi Gordon,
Thank you for your speedy reply,after looking at the facts we don't intend to pursue the appeal on the basis of the original PIP not being granted. We will look at a fresh PIP claim and utilise the help from the website to put a stronger case forward.
I do have one questtion though in relation to AIDS to navigation. I see that many claimants are turned down for the use of a Sat Nav and as far as I am aware at present there is no case law to substantiate the fact that a Sat Nav is clearly an aid for those persons who need to use it to get from ATo B SAFELY and RELIABLY . My question do you know of any specific software designed for people with disabilities as I can't find any ?
I can find an APP for blind people but it is not specifically for Sat Navs.
Thank you for your speedy reply,after looking at the facts we don't intend to pursue the appeal on the basis of the original PIP not being granted. We will look at a fresh PIP claim and utilise the help from the website to put a stronger case forward.
I do have one questtion though in relation to AIDS to navigation. I see that many claimants are turned down for the use of a Sat Nav and as far as I am aware at present there is no case law to substantiate the fact that a Sat Nav is clearly an aid for those persons who need to use it to get from ATo B SAFELY and RELIABLY . My question do you know of any specific software designed for people with disabilities as I can't find any ?
I can find an APP for blind people but it is not specifically for Sat Navs.
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- Gordon
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6 years 6 months ago - 6 years 6 months ago #199219 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal or Fresh PIP Claim
Flash
We have seen members refer to Satellite Navigation systems in their posts and presumably in their claims but I am not aware of anybody who has lost, or indeed won a claim by doing this.
The PIP legislation requires an “Orientation aid” to be a specialist aid designed to assist disabled people to follow a route safely.
I don't believe that the devices generally available or fitted to cars fit this description. There is also an argument that these devices replace the need for the claimant to navigate a route and therefore should not be considered as an aid or appliance in the first place.
There is Case Law to support the former argument, See CPIP/239/2016
www.disabilityrightsuk.org/selected-uppe...pril-2017-march-2018
Gordon
We have seen members refer to Satellite Navigation systems in their posts and presumably in their claims but I am not aware of anybody who has lost, or indeed won a claim by doing this.
The PIP legislation requires an “Orientation aid” to be a specialist aid designed to assist disabled people to follow a route safely.
I don't believe that the devices generally available or fitted to cars fit this description. There is also an argument that these devices replace the need for the claimant to navigate a route and therefore should not be considered as an aid or appliance in the first place.
There is Case Law to support the former argument, See CPIP/239/2016
www.disabilityrightsuk.org/selected-uppe...pril-2017-march-2018
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by Gordon.
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