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PIP questions
- Eggcustard
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6 years 1 month ago #208689 by Eggcustard
Replied by Eggcustard on topic PIP questions
Thanks again,
Can I just check whether I should have asked for a statement of reasons fro the DWP? I haven't done this and my MR needs to be sent back in a week and a half.
Thanks
Can I just check whether I should have asked for a statement of reasons fro the DWP? I haven't done this and my MR needs to be sent back in a week and a half.
Thanks
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- Gordon
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6 years 1 month ago #208696 by Gordon
I answered in your other topic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP questions
Eggcustard wrote: Thanks again,
Can I just check whether I should have asked for a statement of reasons fro the DWP? I haven't done this and my MR needs to be sent back in a week and a half.
Thanks
I answered in your other topic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Eggcustard
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6 years 1 month ago #208702 by Eggcustard
Replied by Eggcustard on topic PIP questions
Just seen the other post about SOR, thanks.
In regards the MR, I really don’t know what else I can include, I feel like giving up because they aren’t going to believe me anyway.
When all the advice online says they have to conclude you can’t do something at all if
* it causes too much pain and fatigue
* if you can’t do it more than half of the time etc
That’s not really true then? I think I’ve shown why I can’t do things at all but obviously I’m not used to looking at these things all of the time.
If they disagree at tribunal won’t they award me which ever they think fits regardless of what I say?
Thanks.
In regards the MR, I really don’t know what else I can include, I feel like giving up because they aren’t going to believe me anyway.
When all the advice online says they have to conclude you can’t do something at all if
* it causes too much pain and fatigue
* if you can’t do it more than half of the time etc
That’s not really true then? I think I’ve shown why I can’t do things at all but obviously I’m not used to looking at these things all of the time.
If they disagree at tribunal won’t they award me which ever they think fits regardless of what I say?
Thanks.
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- Gordon
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6 years 1 month ago #208744 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP questions
Eggcustard
It's very important to understand that the name Decision Maker is misplaced, they really don't make any Decisions at all, they will most often follow the advice of the assessor and even when they don't they are constrained by guidelines published by the DWP that offer little opportunity for free thinking.
On the other hand, a Tribunal has none of these constraints, they are used to there being variations in the claimants view of what was discussed during the assessment and was recorded and for the assessor to have failed to understand the limitations that result from the claimants conditions.
Have a look at the following
www.benefitsandwork.co.uk/news/3730-69-o...-pip-and-esa-appeals
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
As to what to include, the only thing I would recommend that you do, is to have a look at the list of aids that is included for each of the PIP activities and make sure that you have covered each one in your revised answers.
Gordon
It's very important to understand that the name Decision Maker is misplaced, they really don't make any Decisions at all, they will most often follow the advice of the assessor and even when they don't they are constrained by guidelines published by the DWP that offer little opportunity for free thinking.
On the other hand, a Tribunal has none of these constraints, they are used to there being variations in the claimants view of what was discussed during the assessment and was recorded and for the assessor to have failed to understand the limitations that result from the claimants conditions.
Have a look at the following
www.benefitsandwork.co.uk/news/3730-69-o...-pip-and-esa-appeals
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
As to what to include, the only thing I would recommend that you do, is to have a look at the list of aids that is included for each of the PIP activities and make sure that you have covered each one in your revised answers.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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