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ESA was stopped

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8 years 2 months ago #152757 by Matey
Replied by Matey on topic ESA was stopped
Hello

After receiving yet another random call from the decision maker, (my third), within four days, telling me exactly the same as the previous two calls, I asked why they were calling again, when they had phoned me last week.

After realising they had called me previously, they couldn't get off the phone quick enough.

Earlier in the week I received my PIP reconsideration letter (the one without my appeal rights printed on it). Today I have received another PIP decision letter which does state I can appeal to an independent tribunal, however I only received one copy.

Am I correct in believing I should have received two copies today, one to send to the tribunal and one as my copy to keep?

Many thanks.

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8 years 2 months ago #152774 by Gordon
Replied by Gordon on topic ESA was stopped
Matey

Yes you should have received two copies.

Gordon

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8 years 2 months ago #152780 by Matey
Replied by Matey on topic ESA was stopped
Thank you Gordon.

I have telephoned the PIP helpline.

I was told to photocopy the correct letter I have received and send the original to the tribunal, keeping the photocopy for myself. Purely because of time restrictions.

They have requested on their system that I be sent a proper copy for my records.

Would you recommend I go ahead and send my copy to the tribunal, keeping a photocopy for myself, or should I wait till I have actually received a proper copy for myself ?

Many thanks.

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8 years 2 months ago #152787 by slugsta
Replied by slugsta on topic ESA was stopped
You have limited time in which to request an appeal, do not wait for the paper copy if it would put you over that time limit.

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8 years 2 months ago #153124 by Matey
Replied by Matey on topic ESA was stopped
Hello all

I am combing through the guides and my HP report for inconsistencies to bring to the attention of a tribunal.

For 12. Moving around - I have discovered that the HP has said in the justification, that 'there is no further medical evidence available to support the report level of functional restriction. Therefore they would be able to carry out this activity independently and reliably unaided for the majority of the time'.

Yet the Hp has gone on to tick the functional restriction affecting the mobility activities identified in this report is likely to have been present for (at least 3 months) and that the functional restriction affecting the mobility activities identified in this report is likely to remain for (at least 9 months).

Am I being a bit thick or is this a contradiction?

Both my GP and Consultant Psychiatrist commented in their letters on my mobility problems.

I would appreciate your thoughts on this.

Many thanks.

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8 years 2 months ago - 8 years 2 months ago #153148 by Gordon
Replied by Gordon on topic ESA was stopped
Matey

It would seem to contradictory but I don't think that in itself it proves your case, the panel may take the view that it is referring to restrictions but that they are insufficient to meet the criteria.

That doesn't mean that you should not raise this matter, but the only way you will receive a Mobility award is by showing that you meet the criteria for one, so you need to review what has already been send on your PIP2, etc. to see whether you have shown this to be the case and make sure that you have referred to the evidence that supports this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
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