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Are there Special rules for late PIP Appeal
- peggy2
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6 years 4 months ago #202444 by peggy2
Are there Special rules for late PIP Appeal was created by peggy2
hi I have not been on here for some time as I have been seriously ill. I am so glad this support and Guides are still here.
Early 2016 my partner went through change from DLA to PIP, It was harrowing process and although he has progressive heart diseases and numerous health conditions and disabilities also including long term insulin diabetes with complex diabetic changes, they still tried to get him to travel to assessments and be seen for 9am in a morning, miles away. He was also having number of health worsening difficulties at the time and further cardiology tests.. Sadly they insisted he must attend Atos Assessment or his money would be stopped. The Atos Assessor was a nurse and led us to believe she was a diabetic nurse...Her report later confirmed she had no understanding and a lot of medical information that was said was missing ...It was also not long after the Atos Assessment it was confirmed that my partner suffered a heart attack. The Atos assessor had written something like my Partner would improve after the heart tests and should be re-tested in two years.
We had some help from CAB with mandatory decision and they increased his care decision to Higher rate or Enhanced rate.... but my partner lost his higher rate -mobility which they had put to standard rate. We would have appealed this, but at the time my partner was to poorly with his heart and his diabetic feet were also ulcerated, and sadly in November I to collapsed with severe life threatening sub-massive pulmonary embolism.
I would like to know if we could still appeal the Mandatory decision under any special rules as to why we did not appeal sooner. Or is it best to leave it as it was set for two years.
Before this my partner was on DLA high rate care and mobility for over 10 years. My partner truly believed that our health deteriorated through the stress of Atos and the change over from DLA to PIP and he suffered the heat attack and I collapsed with pulmonary embolism, we were both unable to cope with any further Appeal but I feel strongly that my partners award is incorrect and the Atos nurse report is missing vital information given at the time.
Thank you
Early 2016 my partner went through change from DLA to PIP, It was harrowing process and although he has progressive heart diseases and numerous health conditions and disabilities also including long term insulin diabetes with complex diabetic changes, they still tried to get him to travel to assessments and be seen for 9am in a morning, miles away. He was also having number of health worsening difficulties at the time and further cardiology tests.. Sadly they insisted he must attend Atos Assessment or his money would be stopped. The Atos Assessor was a nurse and led us to believe she was a diabetic nurse...Her report later confirmed she had no understanding and a lot of medical information that was said was missing ...It was also not long after the Atos Assessment it was confirmed that my partner suffered a heart attack. The Atos assessor had written something like my Partner would improve after the heart tests and should be re-tested in two years.
We had some help from CAB with mandatory decision and they increased his care decision to Higher rate or Enhanced rate.... but my partner lost his higher rate -mobility which they had put to standard rate. We would have appealed this, but at the time my partner was to poorly with his heart and his diabetic feet were also ulcerated, and sadly in November I to collapsed with severe life threatening sub-massive pulmonary embolism.
I would like to know if we could still appeal the Mandatory decision under any special rules as to why we did not appeal sooner. Or is it best to leave it as it was set for two years.
Before this my partner was on DLA high rate care and mobility for over 10 years. My partner truly believed that our health deteriorated through the stress of Atos and the change over from DLA to PIP and he suffered the heat attack and I collapsed with pulmonary embolism, we were both unable to cope with any further Appeal but I feel strongly that my partners award is incorrect and the Atos nurse report is missing vital information given at the time.
Thank you
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- Gordon
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6 years 4 months ago #202461 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Are there Special rules for late PIP Appeal
Meg
Providing you are still within 13 months of the original Decision then you can make a Late Appeal, this requires you to explain why the appeal was not requested within the normal one month, your ill health should be accepted as Good Cause for the delay.
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 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
Providing you are still within 13 months of the original Decision then you can make a Late Appeal, this requires you to explain why the appeal was not requested within the normal one month, your ill health should be accepted as Good Cause for the delay.
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 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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