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SUCCESS WON IN COURT TRIBUNAL

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6 years 4 months ago #200740 by Bezzy
Face to face and capita was created by Bezzy
Newbie posting for 1st time,
in transition from dla to pip ,supposed to have had face to face a few times now, but capita cant find my home apprentley , cut long story short ,wrote dozens of emails , all unreplyed too,
and went on hols when a appointment was due
did state all this to capita before going away that i cannot attend came back to dwp letter saying my dla had now stopped due to me not turning up to the appointment i made capita aware off i couldnt attend, dwp put me back in-system BUT COULD NOT REINSTATE MY DLA AWARD,
i have my next face to face in few days time , i will be recording ,they are aware off that,i have a palantypist coming too, my official complaint yielded £100 compensation so far , with another complaint in for last assessment missed through yet again not finding me , , i have read somewhere that you can apply for pip again while you awaiting mandirity consideration or appeals, my application was made oct 16 , my question is y understanding that my application will be based on regulations in place during that time , i am profoundly deaf, and wondered if any new current regulations would be more favourable if i go to appeal/ tribunal and am not succesful? Sorry if i this is all abit fragmented.

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6 years 4 months ago #200748 by Gordon
Replied by Gordon on topic Face to face and capita
Bezzy

There have been no changes to the PIP Descriptors since March of this year and we are not aware of any planned changes.

You might want to think about making a complaint to the DWP about their not reinstating your DLA, however there is a potential Catch-22! If your PIP award is higher than your DLA award was then re-instating your DLA will prevent back payment. Conversely if the PIP is lower you will lose out if the DLA is not reinstated.

The DWP will argue that the DLA was closed because you failed to attend, but if they have reinstated your PIP claim then this could only be because they accepted your reasons for missing it, having done this then there no longer remains a reason for the DLA claim to be closed and it should have been restarted.

Gordon

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

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6 years 4 months ago #200749 by Bezzy
Replied by Bezzy on topic Face to face and capita
Thankyou for quick reply Gordon, yes it seems to appear to be a catch 22, I read so much on here it's. So much input to take in and recall,
when I spoke with dwp about restating my award now that they have accepted my
reasons , they went on about legislation that it could not be reinstated once it was stopped unless legislation was changed, ?

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6 years 4 months ago #200750 by Gordon
Replied by Gordon on topic Face to face and capita

Bezzy wrote: Thankyou for quick reply Gordon, yes it seems to appear to be a catch 22, I read so much on here it's. So much input to take in and recall,
when I spoke with dwp about restating my award now that they have accepted my
reasons , they went on about legislation that it could not be reinstated once it was stopped unless legislation was changed, ?


They are misinterpreting what it says. Whether it is a battle that you want to fight or have the energy to fight is also an issue.

Gordon

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

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6 years 4 months ago - 6 years 4 months ago #200751 by Gordon
Replied by Gordon on topic Face to face and capita

Bezzy wrote: Thankyou for quick reply Gordon, yes it seems to appear to be a catch 22, I read so much on here it's. So much input to take in and recall,
when I spoke with dwp about restating my award now that they have accepted my
reasons , they went on about legislation that it could not be reinstated once it was stopped unless legislation was changed, ?


They are misinterpreting what it says. Whether it is a battle that you want to fight or have the energy to fight is also something you need to consider.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 4 months ago by Gordon.
The following user(s) said Thank You: Bezzy

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6 years 4 months ago #200762 by Bezzy
Replied by Bezzy on topic Face to face and capita
Gordon , i was trying to find any deaf related pip sucess has the face to face is tommorow starting to wonder if i have done enough prep, and indeed i have concentrated on the right sections to get my points from the descripters for My deaf ness

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