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6 years 11 months ago #186206 by Pamela j
Replied by Pamela j on topic PIP TribunaL
If I agreed to the extra, is it like saying I was wrong. Also could it go against me in a future claim. i.e notes on their system somewhere.?

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6 years 11 months ago #186225 by Gordon
Replied by Gordon on topic PIP TribunaL

Pamela j wrote: If I agreed to the extra, is it like saying I was wrong. Also could it go against me in a future claim. i.e notes on their system somewhere.?


I'm afraid there is no good answer to this, you need to balance the award that is available against the time you would have to wait for a new hearing versus the risk that the panel do not increase the award versus the impact it might have or not on a future reassessment.

I don't have an answer to this.

Gordon

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

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6 years 11 months ago #186235 by Pamela j
Replied by Pamela j on topic PIP TribunaL
My tribunal is on the 12th April the dwp said they would inform the tribunal of their new offer. Would this not look like prehaps the wrong decision was made in the first place.
I still feel I should have enhanced care as I need physical help rather than gadgets. Is this just a ploy to stop me?
Sorry to be persistent, I have to make my mind up by tomorrow so feel they have put me under a lot of pressure.
Thank you for your help.

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6 years 11 months ago #186247 by Gordon
Replied by Gordon on topic PIP TribunaL

Pamela j wrote: My tribunal is on the 12th April the dwp said they would inform the tribunal of their new offer. Would this not look like prehaps the wrong decision was made in the first place.
I still feel I should have enhanced care as I need physical help rather than gadgets. Is this just a ploy to stop me?
Sorry to be persistent, I have to make my mind up by tomorrow so feel they have put me under a lot of pressure.
Thank you for your help.


I'm sorry but this is your decision! I don't know how well you meet the criteria for an Enhanced award.

Gordon

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

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6 years 11 months ago #186455 by Pamela j
Replied by Pamela j on topic PIP TribunaL
Hello
I decided to accept the DWP pre tribunal offer in the end. I think maybe I had just had enough of fighting since this has been going on since July last year, I have really felt worn down by it all.
Also I felt the assessor's report was blatantly misleading, but it is sometimes, even with medical evidence, difficult to prove.
However, my condition is deteriorating so I wanted to ask the following questions for the future.
1. Can I at any time go back to the DWP and ask to be reassessed?
2. Will they stop your benefit while they reassess you?
3. Can you use the same medical evidence again ?
4. I have not got a double tape deck, so I wondered if I wanted to record the assessment ( especially after previous experience) can I use two Dictaphones?
Thank you for your help

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6 years 11 months ago #186527 by Gordon
Replied by Gordon on topic PIP TribunaL
Pamela

A restrained congratulations.

To answer your questions.

1. Yes, Be aware that it will be a full review of your claim, so you should be certain of scoring the extra points you need for a higher award.

2. No your current award remains in payment until a new Decision is made.

3. Not if you are declaring a deterioration, there will need to be new evidence of this,

4. Yes as long as you are making two simultaneous recordings to tape or CD it is OK.

Gordon

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