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Confused now!

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5 years 11 months ago #210611 by Alijoy226
Replied by Alijoy226 on topic Confused now!
I’ve spoken to DWP again today to be told that I do still have to go to appeal - the letter was misleading because it said I have scored 14 points for DLA but this was their original decision apparently even though it says from 28/4/2015 to 3/8/2018. It also says on the letter that “PIP was stopped because of a change the claimant was not reasonably expected to know might affect their entitlement” but it does not tell me what that change is - do you have any ideas please?

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5 years 11 months ago #210612 by Gordon
Replied by Gordon on topic Confused now!
A

What did the Decision letter say was there reason for stopping your claim?

Gordon

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5 years 11 months ago #210615 by Alijoy226
Replied by Alijoy226 on topic Confused now!
The exact wording says “The previous award of PIP has been disallowed because of a change the claimant was not reasonably expected to know might affect their entitlement”

That’s it! I don’t know what the change was.

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5 years 11 months ago #210618 by Gordon
Replied by Gordon on topic Confused now!

Alison Smith wrote: The exact wording says “The previous award of PIP has been disallowed because of a change the claimant was not reasonably expected to know might affect their entitlement”

That’s it! I don’t know what the change was.


Just to confirm, that is what the Decision Letter you received in November 2017 says?

If it does then you need to write to the Tribunal Service asking them to contact the DWP for a more detailed explanation of the Decision so that you can understand why it has been made.

You can't go to appeal without an understanding of what the Decision is, you may be arguing that you should score the points for an award when the reason you do not have one is nothing to do with this.

Gordon

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5 years 11 months ago #210874 by Alijoy226
Replied by Alijoy226 on topic Confused now!
I spoke to the tribunal service yesterday and they said they cannot ask the DWP the reason. I just have to go to the appeal, say what life is like on a daily basis and the judge will know what changes may have been made that stop my claim. The only thing I can think of is that I thought I read somewhere that if you cannot make a familiar journey on your own due to anxiety or depression that doesn’t count now.

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5 years 11 months ago #210918 by Gordon
Replied by Gordon on topic Confused now!

Alison Smith wrote: I spoke to the tribunal service yesterday and they said they cannot ask the DWP the reason. I just have to go to the appeal, say what life is like on a daily basis and the judge will know what changes may have been made that stop my claim. The only thing I can think of is that I thought I read somewhere that if you cannot make a familiar journey on your own due to anxiety or depression that doesn’t count now.


It could be this, however, although the law was changed, DWP guidance has never accepted that mental health issues could effect a claimants ability to follow a route, so there has really been no change.in their procedures.

I would write to the DWP, not a phone call, asking for an explanation of the change that they refer to in their submission, copy the Tribunal Service in on the letter.

Gordon

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