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Nothing to lose or have I ?

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5 years 3 months ago #224312 by Peter
Nothing to lose or have I ? was created by Peter
Hello

I was awarded lower on both elements following a mandatory reconisderation for a period of ten years. I have mental health issues and scored 2 points for preparing food, washing, dressing,mixing with people, complex financial matters and the useless one point for prompting with medication. All the others were 2 points for prompting. I was also awarded the lwer rate of mobility as going out is fearful. A TEN YEAR award

I scored no points at all for toileting. This was weird as I provided comprehensive report from my psychiatrist and for MR a report from a psycholgist. My psychaitrist mentioned my bad toileting and I went into great length o the form and on my MR letter. My psychiatrist ended his report by saying I was at a high risk of self neglect mitigated by my partner.

I would like to appeal as I feel I have a very strong case. Its only the toilet issue that was not accepted. I would think that its highly possible that the DWP would accept it without going to the Tribunal the evidence is overwhelming & I hear of many cases on here where people get phone calls saying they are being upgraded before going to the Tribunal.

However, is there any possibility that they may say to me ....yes enhanced rate but for a lesser length of time ? If this is the case I may just not bother as the stress would do me in

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5 years 3 months ago #224325 by Gordon
Replied by Gordon on topic Nothing to lose or have I ?
Peter

I don't think we have seen the award length reduced by a Tribunal panel but if they were considering it then they would have to warn you as the date is part of the Decision and they are obligated to tell the claimant if they are considering reducing the award in any way so that they can withdraw their appeal.

Gordon

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5 years 3 months ago #224333 by Peter
Replied by Peter on topic Nothing to lose or have I ?
Thank you Gordon....and if the DWP decided to upgrade me before appeal would they behave in the same way ?

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5 years 3 months ago #224335 by Gordon
Replied by Gordon on topic Nothing to lose or have I ?

Peter wrote: Thank you Gordon....and if the DWP decided to upgrade me before appeal would they behave in the same way ?


No, but you don't have to accept their offer and can continue on to appeal.

Gordon

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5 years 3 months ago #224336 by Peter
Replied by Peter on topic Nothing to lose or have I ?
so they could say....yes enhanced but its for a lesser time ?

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5 years 3 months ago #224337 by Gordon
Replied by Gordon on topic Nothing to lose or have I ?

Peter wrote: so they could say....yes enhanced but its for a lesser time ?


Yes, but it would be very unusual for them to change the length of the award.

Gordon

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

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