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Telephone interview details
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7 years 3 months ago #177579 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Telephone interview details
B x
The award will run from the date of the original Decision, they could have extended (or even reduced) the term, but appear to have left it the same. It is an appealable Decision, however at the time of writing, everyone we have seen do this has failed to get the period extended.
Motability will accept a request providing there is at least a year of the award outstanding, obviously you need to consider whether you would get value from a Motability car if your award is reassessed in late 2018. Cars are recovered quite quickly and usually before any MR can be competed. You can check with Motability how they might pay back any up front payment you make on a car.
Gordon
The award will run from the date of the original Decision, they could have extended (or even reduced) the term, but appear to have left it the same. It is an appealable Decision, however at the time of writing, everyone we have seen do this has failed to get the period extended.
Motability will accept a request providing there is at least a year of the award outstanding, obviously you need to consider whether you would get value from a Motability car if your award is reassessed in late 2018. Cars are recovered quite quickly and usually before any MR can be competed. You can check with Motability how they might pay back any up front payment you make on a car.
Gordon
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7 years 3 months ago #177593 by B x
Replied by B x on topic Telephone interview details
Thanks Gordon, I realise it's a tricky one.
Having lost my previous car just before Christmas I/we are severely handicapped as we live some three miles from the village and at the moment I feel totally confused. I know I should be so happy to have regained the higher rate award but somehow feel totally deflated.
The last six months have seemed like a lifetime and the thought of starting this all over again in two years fills me with dread.
Thank you for all your guidance and help and apologies I must sound so ungrateful.
B x
Having lost my previous car just before Christmas I/we are severely handicapped as we live some three miles from the village and at the moment I feel totally confused. I know I should be so happy to have regained the higher rate award but somehow feel totally deflated.
The last six months have seemed like a lifetime and the thought of starting this all over again in two years fills me with dread.
Thank you for all your guidance and help and apologies I must sound so ungrateful.
B x
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7 years 3 months ago #177598 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Telephone interview details
B x
It's not a problem, we realise that members are under extreme stress when their claims are being assessed.
Gordon
It's not a problem, we realise that members are under extreme stress when their claims are being assessed.
Gordon
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7 years 3 months ago #177809 by B x
Replied by B x on topic Telephone interview details
I wondered if you have come across anyone using this Judgement when appealing the duration of an award and if so the outcome ?
administrativeappeals.decisions.tribunal...px/view.aspx?id=4789
B x
administrativeappeals.decisions.tribunal...px/view.aspx?id=4789
B x
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7 years 3 months ago #177814 by Gordon
We have probably seen some half dozen members challenge the length of their award, as far as I am aware none have been successful, although I am not sure how many, if any, have gone on to appeal on this single point. I do not know if anybody has made use of this case law, it has only been available since March 2016.
As is often the case with a UTT Decision, the Error was in the panel failing to adequately investigate or explain their Decision, the case was referred back to the First Tier for a new hearing to be heard, the results of these are not published so we have no way of knowing whether the claimants arguments for a longer term were allowed or not.
The Decision does set out an argument for a longer term, but ultimately this will be considered on a case by case basis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Telephone interview details
B x wrote: I wondered if you have come across anyone using this Judgement when appealing the duration of an award and if so the outcome ?
administrativeappeals.decisions.tribunal...px/view.aspx?id=4789
B x
We have probably seen some half dozen members challenge the length of their award, as far as I am aware none have been successful, although I am not sure how many, if any, have gone on to appeal on this single point. I do not know if anybody has made use of this case law, it has only been available since March 2016.
As is often the case with a UTT Decision, the Error was in the panel failing to adequately investigate or explain their Decision, the case was referred back to the First Tier for a new hearing to be heard, the results of these are not published so we have no way of knowing whether the claimants arguments for a longer term were allowed or not.
The Decision does set out an argument for a longer term, but ultimately this will be considered on a case by case basis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #178039 by B x
Replied by B x on topic Telephone interview details
Today I eventually received a copy of the MR which does confirm HR for both elements. They seem to have messed up the figures and not backdated to the original decision so I need to raise that one with them I guess.
That only came as I called them again yesterday to chase it and the lady promised to send on first class and clearly she did.
It also confirms the award duration is limited and I am of a mind to appeal that based on the Judgement I mentioned in an earlier post. However, does the award duration have a bearing on the descriptor points scored ?
I ask as although they have upped the award to HR, I am only there by the skin of my teeth so to speak and they seem to have just added sufficient point to reach twelve for daily living and mobility. One could be forgiven for thinking they took little notice of my MR submission as things such as help with bathing only scored 2 points despite me having to rely 100% on this being done for me and pretty much the same with cooking and dressing - apparently I can still do both with an aid.
Whilst it is not my intention to challenge those elements, I am wondering if the limited duration of the award is because I scored low on the descriptors. In other words, does one reflect on the other and an appeal based on the duration would not be considered because of the low points scored thus making it a futile exercise?
Many thanks in anticipation of your thoughts.
B x
That only came as I called them again yesterday to chase it and the lady promised to send on first class and clearly she did.
It also confirms the award duration is limited and I am of a mind to appeal that based on the Judgement I mentioned in an earlier post. However, does the award duration have a bearing on the descriptor points scored ?
I ask as although they have upped the award to HR, I am only there by the skin of my teeth so to speak and they seem to have just added sufficient point to reach twelve for daily living and mobility. One could be forgiven for thinking they took little notice of my MR submission as things such as help with bathing only scored 2 points despite me having to rely 100% on this being done for me and pretty much the same with cooking and dressing - apparently I can still do both with an aid.
Whilst it is not my intention to challenge those elements, I am wondering if the limited duration of the award is because I scored low on the descriptors. In other words, does one reflect on the other and an appeal based on the duration would not be considered because of the low points scored thus making it a futile exercise?
Many thanks in anticipation of your thoughts.
B x
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