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What to do now pls?

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7 years 1 month ago #211644 by niki_s_uk
What to do now pls? was created by niki_s_uk
Well, I asked for a mandatory reassessment and it has upheld the initial decision to lower my mobility entitlement to standard and I also keep standard care - though this wasn’t looked at for the mandatory reassessment. It said I had only asked for the mobility component to be reassessed (which I hadn’t).

I had done a full explanation for the care side as to how I still need help with bathing, don’t cook etc despite having an aid to do so. All they did for that was give me the minimum 2 points for having an aid, which added up to just one point below enhanced care.

The reason they gave for not giving enhanced mobility was that they said that I had said that I can walk from the car 20m to the GP’s waiting room, which is a complete lie, I did not say that because I can’t without being in horrendous pain and stopping.

It had been on the nurse assessment and I hadn’t picked up on when asking for the mandatory reassessment or I’d have tackled that point too.

Also when I got my GP notes (that I was in two minds of sending) the part where the summary is of Active Major Problems and Active Minor problems was way out of date. It didn’t list any of the health problems which are really affecting me at the moment.

I spoke to my GP about it who asked me to write down which conditions are missing and they’ll be entered in as obviously he doesn’t have time to sit and trawl through everything during an appointment.

So, now I’m at the stage of what to do next. Do I:

A) Take it to tribunal

B) Wait a short time then submit that my condition has deteriorated (it is now genuinely). but I’m not sure whether they’d take any notice.

C) Re-Apply as I was told you can at any time?
or

D) Is there anything else I can do?

Thank you

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7 years 1 month ago #211659 by Gordon
Replied by Gordon on topic What to do now pls?
Nic

Only you can make the decision on what to do next.

(A) An appeal cannot consider any changes in your conditions, only as you were when the Decision was made.

(B) Reporting a change will result in a new PIP2 and almost certainly another face to face assessment. The new Decision replaces your current award.

(C) You already have an award you cannot make a new claim.

(D) Wait until your current award is reassessed, typically a year before it ends.

Gordon

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

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7 years 1 month ago #211700 by niki_s_uk
Replied by niki_s_uk on topic What to do now pls?
Thanks Gordon

The man I spoke to on the phone said I can re-apply at any time. I had no idea that was wrong.

Is there no way they’d consider a letter from my GP about my conditions and the updated Active Major Problems and Active Minor problems?

It’s so unfair the way they’ve done it. I re-applied saying nothing had changed and that has been since 2010 - my claim was good enough to get me DLA, then over to PIP.

Waiting until the review it again could be two years at least.

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7 years 1 month ago #211712 by Gordon
Replied by Gordon on topic What to do now pls?
Nic

I'm sorry but the law does not allow changes to be considered when challenging a Decision.

You need to decide which option serves you better, appealing the current Decision based on your conditions as they were, or asking to be reassessed based on your current problems.

You do have the option of doing both, but as a reassessment will result in a new Decision it will limit any result that you might receive from an appeal.

Gordon

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

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