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PIP Mobilising Submission
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8 years 9 months ago #138875 by Augustus
Replied by Augustus on topic PIP Mobilising Submission
Hi
Regarding your recent bulletin about conflicting upper tier tribunal decisions in this area, I wondered whether the DWP has started to appeal to higher tier level where the lower tier decision has gone against them.
They didn't in my case and I won over the tribunal in absentia. I chose the paper route, DWP insisted on an oral hearing, yet with your arguments and the presumed intention of Parliament, I won. DWP didn't go further.
It just proves that it is always worth appealing and getting help to present a reasoned logical argument. I am waiting for the trib's statement of reasons which should give clues as to its thinking and also whether upper tier decisions were referred to.
A
Regarding your recent bulletin about conflicting upper tier tribunal decisions in this area, I wondered whether the DWP has started to appeal to higher tier level where the lower tier decision has gone against them.
They didn't in my case and I won over the tribunal in absentia. I chose the paper route, DWP insisted on an oral hearing, yet with your arguments and the presumed intention of Parliament, I won. DWP didn't go further.
It just proves that it is always worth appealing and getting help to present a reasoned logical argument. I am waiting for the trib's statement of reasons which should give clues as to its thinking and also whether upper tier decisions were referred to.
A
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8 years 9 months ago #138890 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
The DWP review the majority of Tribunal Decisions that they lose to see whether there has been an Error of Law , I don't expect these two Decision will change this.
From your post you appear to have requested a Statement of Reasons for your Tribunal even though you won it. You are opening up your Decision to appeal by the DWP as they will also receive a copy of the SoR. Our recommendation is not to request a SoR in these circumstances.
Gordon
The DWP review the majority of Tribunal Decisions that they lose to see whether there has been an Error of Law , I don't expect these two Decision will change this.
From your post you appear to have requested a Statement of Reasons for your Tribunal even though you won it. You are opening up your Decision to appeal by the DWP as they will also receive a copy of the SoR. Our recommendation is not to request a SoR in these circumstances.
Gordon
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8 years 2 months ago #151916 by Augustus
Replied by Augustus on topic PIP Mobilising Submission
Good Morning
I was awarded PIP to run from August 2014 to August 2017. I was told that in August 2016 a check would be made to see I was getting the right amount of benefit.
Q. Is this the DWP euphimism for me having to fill in that massive questionnaire and perhaps go to a medical interview?
DWP then said I would be invited to re-apply for PIP before the award expiry in August 2017.
Q. Does that mean I may have fill in forms, go to medicals, worry about recons and appeals twice in 12 months?
I have called the DWP helpline but didn't get much sense out of them.
Based on your experience, can you please offer some clarity as to what is likely to happen to me?
And I have a copy of the PIP application form I completed in early 2014. Has the format and content changed? I have tried to locate it online so that I can slowly begin to answer questionst at my own pace later on, if I have to complete same this year. If it is likely I will need to complete it in 2016 as well as 2017, can you suggest where I can find the firm online please? I asked DWP to send me a copy and they refused.
Thank you
A
I was awarded PIP to run from August 2014 to August 2017. I was told that in August 2016 a check would be made to see I was getting the right amount of benefit.
Q. Is this the DWP euphimism for me having to fill in that massive questionnaire and perhaps go to a medical interview?
DWP then said I would be invited to re-apply for PIP before the award expiry in August 2017.
Q. Does that mean I may have fill in forms, go to medicals, worry about recons and appeals twice in 12 months?
I have called the DWP helpline but didn't get much sense out of them.
Based on your experience, can you please offer some clarity as to what is likely to happen to me?
And I have a copy of the PIP application form I completed in early 2014. Has the format and content changed? I have tried to locate it online so that I can slowly begin to answer questionst at my own pace later on, if I have to complete same this year. If it is likely I will need to complete it in 2016 as well as 2017, can you suggest where I can find the firm online please? I asked DWP to send me a copy and they refused.
Thank you
A
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- Gordon
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8 years 2 months ago #151957 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
All Fixed term PIP awards are being re-assessed a year early so I would expect you to receive a new PIP2 this year. This will be a full review of your claim and a new Decision will be made as a result. If a new award is made then it will replace your current one.
There isn't a copy of the PIP2 online other than a demo version which was posted in 2013. The PIP2 has a unique bar mark for each claimant and so must be used. You can of course provide the detailed content on extra pages and attached them to the PIP2 when it arrives.
Gordon
All Fixed term PIP awards are being re-assessed a year early so I would expect you to receive a new PIP2 this year. This will be a full review of your claim and a new Decision will be made as a result. If a new award is made then it will replace your current one.
There isn't a copy of the PIP2 online other than a demo version which was posted in 2013. The PIP2 has a unique bar mark for each claimant and so must be used. You can of course provide the detailed content on extra pages and attached them to the PIP2 when it arrives.
Gordon
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8 years 2 months ago #151958 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
All Fixed term PIP awards are being re-assessed a year early so I would expect you to receive a new PIP2 this year. This will be a full review of your claim and a new Decision will be made as a result. If a new award is made then it will replace your current one.
There isn't a copy of the PIP2 online other than a demo version which was posted in 2013. The PIP2 has a unique bar mark for each claimant and so must be used. You can of course provide the detailed content on extra pages and attached them to the PIP2 when it arrives.
Gordon
All Fixed term PIP awards are being re-assessed a year early so I would expect you to receive a new PIP2 this year. This will be a full review of your claim and a new Decision will be made as a result. If a new award is made then it will replace your current one.
There isn't a copy of the PIP2 online other than a demo version which was posted in 2013. The PIP2 has a unique bar mark for each claimant and so must be used. You can of course provide the detailed content on extra pages and attached them to the PIP2 when it arrives.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 2 months ago #151987 by Augustus
Replied by Augustus on topic PIP Mobilising Submission
Thank you Gordon.
Can I assume the PIP2 copy I have is still in use, so I can use same as a basis for starting to answer questions?
And if I am being re-Assessed in 2016 after 2 years, does that mean the end of this award date in 2017 becomes irrelevant for assessment purposes? I have to say rbe DWP were only clear in this point: that I would have to re-apply for pip in 2017. Hence my q about doing it all in 2016 AND 2017.
In summary: pip2 format & assessment in 2016 and 2017?
Many thanks
A
Can I assume the PIP2 copy I have is still in use, so I can use same as a basis for starting to answer questions?
And if I am being re-Assessed in 2016 after 2 years, does that mean the end of this award date in 2017 becomes irrelevant for assessment purposes? I have to say rbe DWP were only clear in this point: that I would have to re-apply for pip in 2017. Hence my q about doing it all in 2016 AND 2017.
In summary: pip2 format & assessment in 2016 and 2017?
Many thanks
A
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