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Help with PIP 1003 Application form
- Robin07
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7 years 9 months ago #163334 by Robin07
Replied by Robin07 on topic Help with PIP 1003 Application form
Dear Gordon
I have received my mandatory reconsideration reply and as expected they have stuck with original findings.
I have decided to proceed with a tribunal hearing, I have contacted the veterans UK and asked them the following question.
Could I please request a copy of All Medical Reports you currently hold with regards to me.
Please include all Medical Examinations also that have been conducted inside the last 3 years.
I have also contacted my Consultant surgeon and asked him for a full synopsis of my current and ongoing condition with regards to my ileostomy.
Again he is compiling a report for my appeal.
The is a point in the consultation report that says the following comment,
This is a chronic degenerative condition future improvement is unlikely, a longer review period of 3 years is recommended.
My point is i am a war disablement pension registered with veterans UK at 20% and have been since approx 1993.
The DM acknowledges the receipt of the letter from Veterans UK but does not make any comment to the letter.
What i am very concerned about is the DM finding's in my appeal, Again he say's the following.
I made my decision using information about my illnesses and disabilities including details of any treatment, medication,test results and symptons.
I find this responce totally unacceptable and on this babis i am lodging an appeal for tribunial hearing.
I thing what i am asking is are the following grounds for appeal acceptable.
At know time has the decision maker contacted either My GP, Consultant or Veterans UK ( war pension Scheme) to ask about my Medical Conditions So What information is he using to base his decision? Even though he has received a letter from Veterans UK confirming they have me at 20% disabled from 1993 till current day.
And i was in receipt of DLA Higher Rate for 23 years.
regards
Robin
I have received my mandatory reconsideration reply and as expected they have stuck with original findings.
I have decided to proceed with a tribunal hearing, I have contacted the veterans UK and asked them the following question.
Could I please request a copy of All Medical Reports you currently hold with regards to me.
Please include all Medical Examinations also that have been conducted inside the last 3 years.
I have also contacted my Consultant surgeon and asked him for a full synopsis of my current and ongoing condition with regards to my ileostomy.
Again he is compiling a report for my appeal.
The is a point in the consultation report that says the following comment,
This is a chronic degenerative condition future improvement is unlikely, a longer review period of 3 years is recommended.
My point is i am a war disablement pension registered with veterans UK at 20% and have been since approx 1993.
The DM acknowledges the receipt of the letter from Veterans UK but does not make any comment to the letter.
What i am very concerned about is the DM finding's in my appeal, Again he say's the following.
I made my decision using information about my illnesses and disabilities including details of any treatment, medication,test results and symptons.
I find this responce totally unacceptable and on this babis i am lodging an appeal for tribunial hearing.
I thing what i am asking is are the following grounds for appeal acceptable.
At know time has the decision maker contacted either My GP, Consultant or Veterans UK ( war pension Scheme) to ask about my Medical Conditions So What information is he using to base his decision? Even though he has received a letter from Veterans UK confirming they have me at 20% disabled from 1993 till current day.
And i was in receipt of DLA Higher Rate for 23 years.
regards
Robin
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7 years 9 months ago #163338 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help with PIP 1003 Application form
Robin
Whilst I can understand why you think the DM's reasons for their Decision are adequate, it is not a reason to request an appeal, an appeal must be requested because you disagree with the award, in other words, that you should receive the Enhanced rate of Daily Living and/or that you believe that you should receive a Mobility award.
Also. whilst you can certainly argue that the DM failing to contact any of your medical professionals reduces the reliability of the Decision, their failing to do so is not in itself a reason for the award to be incorrect.
Did you get a copy of the assessment report?
An appeal is all about you showing that you meet the criteria for a higher award, so you need to go through your PIP2, the assessment report and the PIP Claim guide to see whether you have adequately explained why you meet the criteria for the Descriptors that you expected to score points for. Be careful, some of the descriptors have multiple elements and you must show that you meet all of them to score points.
Did you make use of "reliably" and "for the majority of days" in your original application these allow you to reduce the level of limitation that you need to describe in order to score points.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete in order to request an appeal, it also has instructions on how to complete the form, you do not need to go into detail at the moment.
Once your appeal has been accepted then the DWP will prepare a copy of their submission, you'll be sent a copy and can then send your own response, you should start preparing this now, but wait until you have received the DWP documents before you submit it.
Gordon
Whilst I can understand why you think the DM's reasons for their Decision are adequate, it is not a reason to request an appeal, an appeal must be requested because you disagree with the award, in other words, that you should receive the Enhanced rate of Daily Living and/or that you believe that you should receive a Mobility award.
Also. whilst you can certainly argue that the DM failing to contact any of your medical professionals reduces the reliability of the Decision, their failing to do so is not in itself a reason for the award to be incorrect.
Did you get a copy of the assessment report?
An appeal is all about you showing that you meet the criteria for a higher award, so you need to go through your PIP2, the assessment report and the PIP Claim guide to see whether you have adequately explained why you meet the criteria for the Descriptors that you expected to score points for. Be careful, some of the descriptors have multiple elements and you must show that you meet all of them to score points.
Did you make use of "reliably" and "for the majority of days" in your original application these allow you to reduce the level of limitation that you need to describe in order to score points.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete in order to request an appeal, it also has instructions on how to complete the form, you do not need to go into detail at the moment.
Once your appeal has been accepted then the DWP will prepare a copy of their submission, you'll be sent a copy and can then send your own response, you should start preparing this now, but wait until you have received the DWP documents before you submit it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #163534 by Robin07
Replied by Robin07 on topic Help with PIP 1003 Application form
Dear Gordon
Many thanks for the advice,
I am aware of what I need to do now. I will make sure my appeal is correct in its wording. I fully understand what you have advised me to read and do. Again I know what I am entitled too but to have somebody who is sat behind a desk and I have never met decide my life us ablit to stomach. I am happy to be judged by my peers face to face.
My appeal will in the post on Monday again thank you for pointing me in wright direction.
Robin
Many thanks for the advice,
I am aware of what I need to do now. I will make sure my appeal is correct in its wording. I fully understand what you have advised me to read and do. Again I know what I am entitled too but to have somebody who is sat behind a desk and I have never met decide my life us ablit to stomach. I am happy to be judged by my peers face to face.
My appeal will in the post on Monday again thank you for pointing me in wright direction.
Robin
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