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cancelling a pip claim

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6 years 1 month ago #208666 by Shazier
cancelling a pip claim was created by Shazier
HI, can anyone help with this question, please.
my friend recently transferred over from hgh rate indefinate reward of dla to pip, the outcome was not very good.
He has lost the care component altogether as only scored 7 points but got his max 12points for mobility.
he asked for a reconsideration and the results came back as the same. He was advised by cab not to appeal as he could put his mobility at risk to.
he is now out of date for taking it to appealanyway.
he is looking at ending his claim altogether and starting over. would this be something he could benifit from or a big mistake? would he have to wait before re claiming and if so,how long and would they still look at his last claim and still take it into consideration?
any advise would be very much appreciated.
thanks

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6 years 1 month ago #208679 by Gordon
Replied by Gordon on topic cancelling a pip claim
shazier

I think their approach is wrong!

First of all, if they are still within 13 months of the Decision then they can request an appeal, however, they can only consider their conditions as they were at the time of that Decision.

Rather than closing their claim, which is really not a good idea, then they can report a Change of Circumstances, this will result in a reassessment of their current award. But they need to be aware that a reassessment (or a new claim) means a new Decision and there is no guarantee that it will either increase their award or even result in the same one, so they need to be very sure of what they can score for.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #208708 by Shazier
Replied by Shazier on topic cancelling a pip claim
Thank you so much for your advice Gordon. I really wasn't sure what advice to give other than, like you have said, go to appeal. I didnt realize he had that much time either so, thank you for pointing that out.
I also wasnt sure if they would just look at the care component or look at the mobilty again to.
My view was, with him losing all of his care component by 1 point, he didn't have anything to lose, i didnt know they could change there decision on the mobility. I think this is very unlikely with the condition that he has but, like you say, the out come of that decision could change?
When he was assessed the lady from capita was apparently not very nice and he was getting quite agitated with her. He also has depression and anxiety and he said she was talking like she was trying to trip him up and disbelieved what was being said to her, he felt intimidated.
She didn't state in her report that he couldn't manage to put his callipers on without assistant but wrote, he could manage to touch his toes and put his trousers on, yes he can put his trousers on but, she didn't make note of what his mum told her, that was he has to put his trousers on laying down because, he cant stand up without his callipers on and cant do it reliably and in the time it would take someone that didnt have any problems with this activity. to touch his toes he has to be seated, he cant do it from a standing position.
He also has seizures often, he doesn't know that he's having a seizure, when the seizure comes on he gets very scared and thinks the person that is with him is going to harm him and starts to hit out at them, whats he's like when alone and having a seizure he doesn't know.
He isn't aware of anything while having the seizure, after the seizure he is terribly confused and disorientated.
He cant cook on a cooker as a seizure could happen at any time without warning.He is at high risk of scalding himself. His mum cooks his meals, the same goes for taking a shower, he never takes a shower when alone, to me this comes under he needs supervision, he gets no warning whatsoever. In my opinion which i know doesn't count for much is that, he should of scored points for needing supervision,1 point was all he needed to get the care component.
The condition he has with his feet is, where his feet are very small, i can't remember now what the condition is called, somedays there far to painful to wear his callipers and he has to use his wheelchair unless, in the house. He then crawls to get from A to B.
I have briefly pointed out some other points for others to read incase, they come up with the same problem.
The lady from capita was a physio and didnt seem to know anything about siezures, depression anxiety or the condition that he has.
I will pass on your advise re cancelling his claim and starting a fresh claim.
again as always your advise is very much appreciated.
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6 years 1 month ago #208730 by Shazier
Replied by Shazier on topic cancelling a pip claim
Thank you so much for your advice and pointing out the length of time he has to appeal Gordon, I do agree that it would not be advisable to cancel his claim but, wanted another opinion and always appreciate your help and advise. thank you

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