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PIP Mobilising Submission
- Gordon
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10 years 2 weeks ago #133706 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mobilising Submission
Augustus
If the Tribunal are recommending an oral appeal then it will be because the Judge believes that it is in your interest to attend and present your case. If this is not a possibility for you then you should be able to persist with the paper hearing, but it may be worth your asking for a domiciliary hearing in your home, or if the court is able to provide an online hearing, one of our members in Scotland is having a hearing over Skype which is a video conferencing service.
Gordon
If the Tribunal are recommending an oral appeal then it will be because the Judge believes that it is in your interest to attend and present your case. If this is not a possibility for you then you should be able to persist with the paper hearing, but it may be worth your asking for a domiciliary hearing in your home, or if the court is able to provide an online hearing, one of our members in Scotland is having a hearing over Skype which is a video conferencing service.
Gordon
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- Augustus
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10 years 2 weeks ago #133710 by Augustus
Replied by Augustus on topic PIP Mobilising Submission
Gordon
Thank you for your reply. I am still unclear though.
If the appellant is given the choice of paper or oral, does DWP have the right to overrule this and insist on being present and thereby forcing an oral hearing?
I understand the benefits of attendance but I cannot. I am thinking of challenging this change and I want to be sure I understand you correctly. I would be grateful for any clarification.
Obviously, if the DWP can do this,I will write to the Tribunal to explain.
Thanks
A
Thank you for your reply. I am still unclear though.
If the appellant is given the choice of paper or oral, does DWP have the right to overrule this and insist on being present and thereby forcing an oral hearing?
I understand the benefits of attendance but I cannot. I am thinking of challenging this change and I want to be sure I understand you correctly. I would be grateful for any clarification.
Obviously, if the DWP can do this,I will write to the Tribunal to explain.
Thanks
A
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- Gordon
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10 years 2 weeks ago #133717 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mobilising Submission
Augustus
You are the requestor of the appeal, so as far as I am aware the DWP cannot insist on an oral hearing, they may have asked for one to be done, but it is down to the Judge to decide whether to pass the request on to you, however, unless you have specific information that it is the DWP that have made the request then I think it far more likely that it has been generated by the Judge.
Gordon
You are the requestor of the appeal, so as far as I am aware the DWP cannot insist on an oral hearing, they may have asked for one to be done, but it is down to the Judge to decide whether to pass the request on to you, however, unless you have specific information that it is the DWP that have made the request then I think it far more likely that it has been generated by the Judge.
Gordon
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- Augustus
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9 years 10 months ago #136020 by Augustus
Replied by Augustus on topic PIP Mobilising Submission
Good Morning Panel
Last year I was awarded PIP from August 2014 to August 2017.
The decision letter was confusing in that it said claim would be revised in or after August 2016.
When I queried by letter, DWP wrote back saying my claim would end in 2017 and at that point I could make a fresh PIP claim.
Now, in calling the centre on another issue, I Asked about this just to reconfirm. They said that though PIP award goes up to 2017, I will be re-assessed in 2016 to allow claim processing time.
And I could get a claim form at any time after. So would .i be waiting, worrying about this massive form?
AND get this, if new assessment results in a lower or no award, the previous end date of August 2017 would be irrelevant, and amount would change before then or stop.
Is this true, as far as you know.? I don't understand how the DWP can make an award then reduce the effective period just because of their reassessment process.
You may have covered this issue before; in which case my apologies. If true, can you cite the PIP regulations which provide for this situation?
Thank you
A
Last year I was awarded PIP from August 2014 to August 2017.
The decision letter was confusing in that it said claim would be revised in or after August 2016.
When I queried by letter, DWP wrote back saying my claim would end in 2017 and at that point I could make a fresh PIP claim.
Now, in calling the centre on another issue, I Asked about this just to reconfirm. They said that though PIP award goes up to 2017, I will be re-assessed in 2016 to allow claim processing time.
And I could get a claim form at any time after. So would .i be waiting, worrying about this massive form?
AND get this, if new assessment results in a lower or no award, the previous end date of August 2017 would be irrelevant, and amount would change before then or stop.
Is this true, as far as you know.? I don't understand how the DWP can make an award then reduce the effective period just because of their reassessment process.
You may have covered this issue before; in which case my apologies. If true, can you cite the PIP regulations which provide for this situation?
Thank you
A
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9 years 10 months ago #136034 by Gordon
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Replied by Gordon on topic PIP Mobilising Submission
Augustus
I am afraid that they can and are doing this, we have a number of members already going through an "early" re-assessment, so far one has had their current award extended and I believe two have lost theirs with immediate effect.
It is covered under Regulation 11 of the PIP Regulations 2013
www.legislation.gov.uk/uksi/2013/377/regulation/11/made
Gordon
I am afraid that they can and are doing this, we have a number of members already going through an "early" re-assessment, so far one has had their current award extended and I believe two have lost theirs with immediate effect.
It is covered under Regulation 11 of the PIP Regulations 2013
Re-determination of ability to carry out activities
11. Where it has been determined that C has limited ability or severely limited ability to carry out either or both daily living activities or mobility activities, the Secretary of State may, for any reason and at any time, determine afresh in accordance with regulation 4 whether C continues to have such limited ability or severely limited ability.
www.legislation.gov.uk/uksi/2013/377/regulation/11/made
Gordon
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9 years 10 months ago #136074 by Teddington
Replied by Teddington on topic PIP Mobilising Submission
Hi Augustus,
My award ends in 2016 but I received my review letter with the form about couple of months ago.
I filled the form and sent all back (including evidences etc) before given deadline .
I was very confused at first then Gordon & this site explained clearly that I am not the only one.
I am still waiting for my decision and hoping to have a positive one.
Good luck to you.
My award ends in 2016 but I received my review letter with the form about couple of months ago.
I filled the form and sent all back (including evidences etc) before given deadline .
I was very confused at first then Gordon & this site explained clearly that I am not the only one.
I am still waiting for my decision and hoping to have a positive one.
Good luck to you.
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