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ESA was stopped

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8 years 2 months ago #153516 by Matey
Replied by Matey on topic ESA was stopped
Hello all

I have now received another copy of Mandatory Reconsideration decision, for my records - as I was only sent one copy instead of the two, as you kindly confirmed for me.

In case anyone is following "my DLA migration to PIP journey" I have today posted off my tribunal application form, along with a copy of said MR decision and await the next step of what feels like a very long journey indeed!

Many thanks for allowing me to let off steam.
The following user(s) said Thank You: slugsta

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8 years 3 weeks ago #157115 by Matey
Replied by Matey on topic ESA was stopped
Hello All

Yesterday, I received what I think you call my failed DLA to PIP migration 'bundle' from the DWP regarding my application for a tribunal appeal.

I have looked through it and discovered additional advice was sought from ATOS at the M>R> stage from a nurse whom I have never met. She gave me additional points, yet still not enough.

Please can you advise me what happens next and in approximately what time frame.

Many thanks.

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8 years 3 weeks ago #157130 by Gordon
Replied by Gordon on topic ESA was stopped

Matey wrote: Hello All

Yesterday, I received what I think you call my failed DLA to PIP migration 'bundle' from the DWP regarding my application for a tribunal appeal.

I have looked through it and discovered additional advice was sought from ATOS at the M>R> stage from a nurse whom I have never met. She gave me additional points, yet still not enough.

Please can you advise me what happens next and in approximately what time frame.

Many thanks.


Now that you the DWP bundle you can prepare and submit your own submission to the Tribunal, you need to explain why you believe that you meet the criteria for PIP and why the conclusions by the DM and assessor are incorrect.

You'll have until about 10 days before the hearing to submit the information to the Tribunal Service, they write to when a hearing has been scheduled, it will be at least four weeks, but could be a couple of months.

Gordon

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

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8 years 2 weeks ago #157556 by Matey
Replied by Matey on topic ESA was stopped
Hello All

I am plodding through the 200 pages of evidence in my DWP bundle for my failed DLA to PIP migration.

I have come across this,

Engaging with other people face to face

Ms X in her appeal stated she needs social support to engage with other people. She suffers a high level of anxiety due to the worry of her physical problem.

Ms X has enough cognitive function to reliably engage with other people. Ms X displayed some difficulty coping and relied on her partner for a lot of support during the consultation. This is consistent with her health condition and medical evidence.

In keeping with the nature and history of Ms X conditions, findings and observations on assessment and level of prescribed treatment, its reasonable to state Ms X needs to be prompted by another person to engage with other people.

Would you say the second paragraph supports the first paragraph?

Many thanks

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8 years 2 weeks ago #157564 by Gordon
Replied by Gordon on topic ESA was stopped
Matey

I assume you mean

"relied on her partner for a lot of support during the consultation"

and

"its reasonable to state Ms X needs to be prompted by another person to engage with other people"

I would say that these two statements are consistent.

Gordon

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

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8 years 2 weeks ago #157610 by Matey
Replied by Matey on topic ESA was stopped
Hello All

Engaging face to face

Can you tell me please,

if needing someone with you for social support - does that person have to be an especially trained person or can the person (i.e. partner) just be experienced at giving social support as it has been needed by someone for so long.

Many thanks

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