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Mixing with others
- Kittykatz
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2 years 2 months ago #274790 by Kittykatz
Mixing with others was created by Kittykatz
In all my previous reviews for PIP I have been awarded 2 points for this activity. However, when I had my PIP appeal when I was initially awarded PIP I received 4 points from the panel. I gave the same explanation for how I struggle with this activity. I struggle being around groups or crowds of people, feeling breathless, threatened and unable to speak. I have these problems all of the time. I need help in work from other colleagues and even ques are difficult for me as a lot of people facing me feels threatening to me. I also now have a trauma counsellor who I meet and contact if and when anything arises, often this is supporting me with relationships with others.
I think this should be 4 points as it's social support rather than prompting.
Would I have grounds for appeal if by getting 2 instead of 4 points it prevented me from receiving the correct award?
Thanks in advance
I think this should be 4 points as it's social support rather than prompting.
Would I have grounds for appeal if by getting 2 instead of 4 points it prevented me from receiving the correct award?
Thanks in advance
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- LL26
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2 years 2 months ago #274802 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Mixing with others
Hi Kittykatz,
You would need to be within the allowed time limit to appeal a decision from DWP. Ultimately time limit is 13 moths from the decision you want to appeal. However unless the decision is less than a month ago you would need to argue a late appeal and show you have a good reason for being late. The later the appeal the later the reason.
If you are wishing to appeal a tribunal decision, the time limit and late rules apply the same, but you would need to apply for a written statement of reasons to be able to start the appeal. Once you have thst you would need to find an arguable error of law on a material point. So if the tribunal applied the wrong legal test which means you got 2 points instead of 4, and the extra 2 would have given you a standard level award or bring you into the enhanced category it would material and worth arguing.
If you are outside the time limit I'm afraid there is no further right of appeal.
I hope this helps.
LL26
You would need to be within the allowed time limit to appeal a decision from DWP. Ultimately time limit is 13 moths from the decision you want to appeal. However unless the decision is less than a month ago you would need to argue a late appeal and show you have a good reason for being late. The later the appeal the later the reason.
If you are wishing to appeal a tribunal decision, the time limit and late rules apply the same, but you would need to apply for a written statement of reasons to be able to start the appeal. Once you have thst you would need to find an arguable error of law on a material point. So if the tribunal applied the wrong legal test which means you got 2 points instead of 4, and the extra 2 would have given you a standard level award or bring you into the enhanced category it would material and worth arguing.
If you are outside the time limit I'm afraid there is no further right of appeal.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Kittykatz
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2 years 2 months ago #274808 by Kittykatz
Replied by Kittykatz on topic Mixing with others
Hi LL26,
Thanks for your reply,
The appeal was a few years ago. As I asked the DWP for a change of circumstances form and they have always given me 2 points for this activity when I think it should 4, I was just querying whether I should appeal if they were to do the same thing again. I am applying for more descriptors and the 2 points will really make a difference between standard and enhanced.
Thanks for your reply,
The appeal was a few years ago. As I asked the DWP for a change of circumstances form and they have always given me 2 points for this activity when I think it should 4, I was just querying whether I should appeal if they were to do the same thing again. I am applying for more descriptors and the 2 points will really make a difference between standard and enhanced.
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- BIS
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2 years 2 months ago #274819 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mixing with others
Hi Kittykatz
We can't tell you whether you should appeal a decision or not. Each claimant has to make this decision for themselves. If you don't agree with a decision, it is your right to dispute it.
BIS
We can't tell you whether you should appeal a decision or not. Each claimant has to make this decision for themselves. If you don't agree with a decision, it is your right to dispute it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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