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5 years 2 months ago #225021 by Chris
Replied by Chris on topic PIP MR and Appeal
Gordon,
If my MR is unsuccessful, and I decide to appeal to tribunal, can I make a new PIP claim while the appeal is on going?
If I do, and the new PIP claim is unsuccesful, but a few months later the PIP appeal for the old claim is successful, how will the payments be awarded?
Thank you
Chris
If my MR is unsuccessful, and I decide to appeal to tribunal, can I make a new PIP claim while the appeal is on going?
If I do, and the new PIP claim is unsuccesful, but a few months later the PIP appeal for the old claim is successful, how will the payments be awarded?
Thank you
Chris
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5 years 2 months ago #225022 by Chris
Replied by Chris on topic PIP MR
Gordon,
As part of the MR, which information in the assessment report we aim to check and undermine when appropriate: is it the information written underneath each activity 'box', or shall we include the information under 'functional history', which appears to be an attempt to summarise my answers at the medical assessment?
I'm asking because under the 'functional history', 'preparing food', the HP states correctly that I need to be seated to be able to prepare food, and that on most days I can't even prepare food due to exhaustion and feeling overwhelmed, but under the activity 'box' itself, the conclusion the HP wrote is that it is clinically probable that I can prepare food unaided, based on the fact I could raise my legs when she asked me to and I did not appear to be tired?? My GP clearly states in the letter that I need a perching stool for activities such as preparing (heating) food or shower.
Thank you
Chris
As part of the MR, which information in the assessment report we aim to check and undermine when appropriate: is it the information written underneath each activity 'box', or shall we include the information under 'functional history', which appears to be an attempt to summarise my answers at the medical assessment?
I'm asking because under the 'functional history', 'preparing food', the HP states correctly that I need to be seated to be able to prepare food, and that on most days I can't even prepare food due to exhaustion and feeling overwhelmed, but under the activity 'box' itself, the conclusion the HP wrote is that it is clinically probable that I can prepare food unaided, based on the fact I could raise my legs when she asked me to and I did not appear to be tired?? My GP clearly states in the letter that I need a perching stool for activities such as preparing (heating) food or shower.
Thank you
Chris
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5 years 2 months ago #225030 by Gordon
Yes, you can, there is no waiting time for you to make a new claim for PIP but you will need to deal with the issues that meant that this claim was unsuccessful.
A new claim will result in a new, later Decision so it will limit any award that a Tribunal might make, so as a worst case, if the Tribunal make an award and the new claim does not make one then it is the latter that will be carried forward, although you would have a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR and Appeal
Chris wrote: Gordon,
If my MR is unsuccessful, and I decide to appeal to tribunal, can I make a new PIP claim while the appeal is on going?
If I do, and the new PIP claim is unsuccesful, but a few months later the PIP appeal for the old claim is successful, how will the payments be awarded?
Thank you
Chris
Yes, you can, there is no waiting time for you to make a new claim for PIP but you will need to deal with the issues that meant that this claim was unsuccessful.
A new claim will result in a new, later Decision so it will limit any award that a Tribunal might make, so as a worst case, if the Tribunal make an award and the new claim does not make one then it is the latter that will be carried forward, although you would have a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 2 months ago #225031 by Gordon
So I would first highlight any discrepancies in the assessor's report, then I would refer to your evidence, then your testimony, lastly any discrepancies between the report and the assessment.
So using Preparing Food as an example;
- The assessor says in one place that you need to be seated but then does not score you for needing an aid.
- Your GP states that you need a perching stool.
- From your posts you cannot stand without crutches at best you would only have one hand free.
- The assessor says you can raise your legs but has not stated that you can only do this while using your crutches.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR
Chris wrote: Gordon,
As part of the MR, which information in the assessment report we aim to check and undermine when appropriate: is it the information written underneath each activity 'box', or shall we include the information under 'functional history', which appears to be an attempt to summarise my answers at the medical assessment?
I'm asking because under the 'functional history', 'preparing food', the HP states correctly that I need to be seated to be able to prepare food, and that on most days I can't even prepare food due to exhaustion and feeling overwhelmed, but under the activity 'box' itself, the conclusion the HP wrote is that it is clinically probable that I can prepare food unaided, based on the fact I could raise my legs when she asked me to and I did not appear to be tired?? My GP clearly states in the letter that I need a perching stool for activities such as preparing (heating) food or shower.
Thank you
Chris
So I would first highlight any discrepancies in the assessor's report, then I would refer to your evidence, then your testimony, lastly any discrepancies between the report and the assessment.
So using Preparing Food as an example;
- The assessor says in one place that you need to be seated but then does not score you for needing an aid.
- Your GP states that you need a perching stool.
- From your posts you cannot stand without crutches at best you would only have one hand free.
- The assessor says you can raise your legs but has not stated that you can only do this while using your crutches.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris
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5 years 2 months ago #225073 by Chris
Replied by Chris on topic PIP MR
Gordon,
Thank you, this is now looking like a more thorough submission I am preparing with the help of your pointers.
May I check that by 'testimony' you mean the information I provided in my claim form (not the information I gave the HP during the medical assessment)? I'm pretty it's right, but better double-check...
Chris
Thank you, this is now looking like a more thorough submission I am preparing with the help of your pointers.
May I check that by 'testimony' you mean the information I provided in my claim form (not the information I gave the HP during the medical assessment)? I'm pretty it's right, but better double-check...
Chris
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5 years 2 months ago #225100 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR
Chris
Yes, that is what I meant.
Gordon
Yes, that is what I meant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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