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Failed MR

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4 years 11 months ago #231353 by CoolgirlM
Replied by CoolgirlM on topic Failed MR

Gordon wrote: CoolgirlM

You also have the option of making a new claim for PIP, there is no waiting time.

Gordon


What option do you think is best?

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4 years 11 months ago #231359 by Gordon
Replied by Gordon on topic Failed MR
CoolgirlM

I'm sorry but I can't offer an opinion but one thing you might consider is how well you think you documented your problems in the first place. If you think you could have done better then a new claim may be something to think about. The downside will be of course that you will not receive any back pay for the period covered by the original claim.

Gordon

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

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4 years 11 months ago #231443 by CoolgirlM
Replied by CoolgirlM on topic Failed MR
Can I ask advice regarding the undertaking journey part please? I have been told in my MR report that as I have a car and drive to work 4 times a week, I have no cognitive impairment. Whilst I understand what the assessor is saying, they aren’t taking into account that the only time I drive or go out really is to work. For unknown journeys, I either need someone with me or someone else to take me.
Do any of these points matter, or is the DWP’s position that driving at all shows no impairment the only position that matters?

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4 years 11 months ago #231456 by Gordon
Replied by Gordon on topic Failed MR
CoolgirlM

There are two issues that you will need to overcome;

First, if you go to work four days a week then you are going to struggle to show that you are affected on the majority of days.

Secondly, you will need to argue that the journey to work is to a familiar destination and you do not do any other journeys without the support of someone else. As I assume, there is no cognitive or sensory impairment, you will need to show that you suffer Overwhelming Psychological Distress when asked to follow a route to an unfamiliar destination and this OPD prevents you from following the route.

It is likely that if you did suffer OPD that you would not be safe to drive, so you will need to be aware of this and cover it in your arguments, so the route would have to be one that you walked.

This is activity is about navigation, not the OPD, so this must be the focus of your description of your problems.

Gordon

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4 years 11 months ago #231530 by CoolgirlM
Replied by CoolgirlM on topic Failed MR
Do you guys know how long on average it takes for the appeal to reach a tribunal?

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4 years 11 months ago #231538 by Gordon
Replied by Gordon on topic Failed MR

CoolgirlM wrote: Do you guys know how long on average it takes for the appeal to reach a tribunal?


There is variation across the country but you are probably looking at 52 weeks.

Gordon

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

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