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MM vs DWP decision.
- raindaisy
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11 months 4 weeks ago #309097 by raindaisy
MM vs DWP decision. was created by raindaisy
Hi
I had 2 leap reviews ...when I got my act together , I wrote recently asking them to look at 2016 and 2019 decisions. In partcular the 2019 one , where I belived I needed social support.
I got all my papers out there were letters of support from GP , Talking Theapies , My Daughter , at that particular time .....it was as bad as it gets...
So they fast teacked my MR re the MM vs DWP , and as my MH is better than it was in 2016 and 2019 ..the decision remains " unchanged" the right points were awrded.
Now , I disagree . Not because I want more money , but at the time I appealed ...i went from 0 pts to 11pts , and 0 pts to 2pts on activity 9 ...if the law had been applied , i had ample social support ...at that time of my life ....So what next?
What are my options ....and a note to those migrating...I fought for 2 and a half years for Bedroom Tax ...I won
The tribunal upheld my appeal ....i have a 3 bed house and exempt from bedroom tax on grounds of disability .
Now my local authority says its a 4 bed house. The adaptation for reasonable adjustments ...is an extra 'bedroom'.
Here we go again....
my advice to anyone....just dont get sick. ok.
I had 2 leap reviews ...when I got my act together , I wrote recently asking them to look at 2016 and 2019 decisions. In partcular the 2019 one , where I belived I needed social support.
I got all my papers out there were letters of support from GP , Talking Theapies , My Daughter , at that particular time .....it was as bad as it gets...
So they fast teacked my MR re the MM vs DWP , and as my MH is better than it was in 2016 and 2019 ..the decision remains " unchanged" the right points were awrded.
Now , I disagree . Not because I want more money , but at the time I appealed ...i went from 0 pts to 11pts , and 0 pts to 2pts on activity 9 ...if the law had been applied , i had ample social support ...at that time of my life ....So what next?
What are my options ....and a note to those migrating...I fought for 2 and a half years for Bedroom Tax ...I won
The tribunal upheld my appeal ....i have a 3 bed house and exempt from bedroom tax on grounds of disability .
Now my local authority says its a 4 bed house. The adaptation for reasonable adjustments ...is an extra 'bedroom'.
Here we go again....
my advice to anyone....just dont get sick. ok.
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- David
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11 months 3 weeks ago #309171 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic MM vs DWP decision.
Hi raindaisy
It looks like another Appeal. At least now you have had experience of one.
David
It looks like another Appeal. At least now you have had experience of one.
David
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- raindaisy
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11 months 2 weeks ago #309448 by raindaisy
Replied by raindaisy on topic MM vs DWP decision.
Appeal logged online for MM vs DWP What ever the Tribunal decide , I will take that . Good or not good . Fed up with it all. Its time to get this MH gaslighting sorted too. Its been a long haul with the Fibromyalgia and all the difficulties that go with it.
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1 day 20 hours ago #315644 by raindaisy
Replied by raindaisy on topic MM vs DWP decision.
Hi ,
Im just giving an update on this.
I appealed this PIP law review decision.
Ive waited a year, got Tribunal date, but clashed with carers respite, succesfully got the Judge to agree a postponement.No date yet.
Im now going through the DWP Appeal Bundle.
They have submitted ALL claims and decisions from 2014.
Apeeal is for decisions from April 2016 only.
IF 4 pts was awarded in 2016 , it would have taken me to 11pts.
I was on standard rate anyway.
But in 2019 I was awarded 11pts DL.
IF 4pts was awarded in 2019 , it would have taken me to 13pts .
I would have been awarded Enhanced Rate.
There is consistent evidence throughout my claims , of needing support from family and friends and continual prompting.
In my submission shall I focus solely on the 2019 decision?
Why has the DWP bunged everything in thier huge bundle. ??
Any thoughts anyone please.
Im just giving an update on this.
I appealed this PIP law review decision.
Ive waited a year, got Tribunal date, but clashed with carers respite, succesfully got the Judge to agree a postponement.No date yet.
Im now going through the DWP Appeal Bundle.
They have submitted ALL claims and decisions from 2014.
Apeeal is for decisions from April 2016 only.
IF 4 pts was awarded in 2016 , it would have taken me to 11pts.
I was on standard rate anyway.
But in 2019 I was awarded 11pts DL.
IF 4pts was awarded in 2019 , it would have taken me to 13pts .
I would have been awarded Enhanced Rate.
There is consistent evidence throughout my claims , of needing support from family and friends and continual prompting.
In my submission shall I focus solely on the 2019 decision?
Why has the DWP bunged everything in thier huge bundle. ??
Any thoughts anyone please.
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- David
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1 hour 43 minutes ago #315658 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic MM vs DWP decision.
Hi raindaisy
The tribunal will only look at your medical/health situation on what is called " the effective date". That is the date on which you your disputed PIP assessment took place. This means that a worsening of your health after the effective date is not considered by the tribunal.
As for the bundle it could well be that an administrator at the DWP just printed out your entire record as it was easier.
Let us know how you get on.
David
The tribunal will only look at your medical/health situation on what is called " the effective date". That is the date on which you your disputed PIP assessment took place. This means that a worsening of your health after the effective date is not considered by the tribunal.
As for the bundle it could well be that an administrator at the DWP just printed out your entire record as it was easier.
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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