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Payment while waiting for MR & Tribunal results.

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5 years 7 months ago #216801 by Alison W.
I have been on high rate DLA for both Care and Mobility. and am transferring to.PIP.

I am about to ask for an MR on length of award (enhanced rate for both awarded). If that fails I would like to take it to,a Tribunal.

At what point is Benefit money stopped?

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5 years 7 months ago #216814 by Gordon
Alison

Your current award will remain in payment while go to appeal.

Please be aware that we have seen very few people successful in arguing a longer award, even at appeal.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Alison W.

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5 years 7 months ago #216834 by Alison W.
Replied by Alison W. on topic Payment while waiting for MR & Tribunal results.
Thanks Gordon

I'm contesting under 3 years because I have
Letters from GPs [recent and 2007] saying I will not get better [1.9.4]
Pattern of getting steadily worse over 39 years, [from full time work to housebound/bedridden] (1.9, 1.10] [They have awarded me enhanced rate so deterioration wont affect it.]
Descriptors inaccurate

Descriptors will also be used at future assessments [1.11.2] so Im contesting them too.
[eg he said I can bathe, cook meals and dress myself when I need all 3 done for me]

This is based on MSK ‘slowly & with difficulty’ so not reliably, No tests of cognition, when N.I.C.E say it is a key symptom, mistaken IO, mistaken references to all other evidence*
and a lack of knowledge of my condition.
* CQ, up to date care plan; letters from GP, District Nurse, Carer and long term friend [an HP} and equipment and meds lists.

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5 years 7 months ago #216839 by Gordon
Alison

I hope you are successful.

Gordon

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

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5 years 7 months ago #216851 by Alison W.
Replied by Alison W. on topic Payment while waiting for MR & Tribunal results.
I haven’t made the final decision yet. I’d be grateful for any comments you feel able to give about eg which are the strongest or weakest points.based on you years of experience.

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5 years 7 months ago #216860 by Gordon

Alison W. wrote: I haven’t made the final decision yet. I’d be grateful for any comments you feel able to give about eg which are the strongest or weakest points.based on you years of experience.


As you already have an Enhanced award for both components then I would be very surprised if the Tribunal panel will look at the points score, so I would expect your appeal to only be about the award length.

I have seen perhaps a half dozen challenges to the award length since PIP went live in 2013, that's on here and the other forums that I review regularly, of those two were successful and the rest were left as they were.

As I understand it, your primary condition is ME/CFS. This is a poorly understood condition and whilst there is no effective treatment I would be very surprised if you are able to find any clinician who would be willing to provide a long-term prognosis.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angel*1, TheMerlin486

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