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phone call from PIp re mobility before tribunal
- sotired
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5 years 5 months ago #223625 by sotired
phone call from PIp re mobility before tribunal was created by sotired
Hi
I have had my PIP assessment , submitted a MR and lost points on the MR. appealed to Tribunal and complained to NMC ,ATOS , and DWP. I have also requested all info from DWP by right of access request which still hasn’t arrived. (54days) .
I have now received a phone call from a PIP appeal officer to offer me 10 points for mobility on descriptor. Moving around 2d .
I received zero points for this at assessment and on MR .
How can they change this so significantly and yet not change any of the other descriptors that I appealed.
If I accept the appeal will be stopped.
I don’t want to lose points on principle but if I accept this offer then I am accepting the fact that they are ignoring my mental health issues as I received zero points for planning and following journeys.
Interestingly I received 4 points at assessment for descriptor 1b but these were removed at MR.
ITS JUST A SHA,MBLES
Thanks
I have had my PIP assessment , submitted a MR and lost points on the MR. appealed to Tribunal and complained to NMC ,ATOS , and DWP. I have also requested all info from DWP by right of access request which still hasn’t arrived. (54days) .
I have now received a phone call from a PIP appeal officer to offer me 10 points for mobility on descriptor. Moving around 2d .
I received zero points for this at assessment and on MR .
How can they change this so significantly and yet not change any of the other descriptors that I appealed.
If I accept the appeal will be stopped.
I don’t want to lose points on principle but if I accept this offer then I am accepting the fact that they are ignoring my mental health issues as I received zero points for planning and following journeys.
Interestingly I received 4 points at assessment for descriptor 1b but these were removed at MR.
ITS JUST A SHA,MBLES
Thanks
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- Gordon
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5 years 5 months ago #223677 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic phone call from PIp re mobility before tribunal
sotired
I'm afraid this is a decision that only you can make.
You do have the option of accepting the revised Decision and then appealing again, however, you cannot tell the DWP that you will be doing this as they will not update the Decision if you do.
Gordon
I'm afraid this is a decision that only you can make.
You do have the option of accepting the revised Decision and then appealing again, however, you cannot tell the DWP that you will be doing this as they will not update the Decision if you do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #223751 by sotired
Replied by sotired on topic phone call from PIp re mobility before tribunal
Hi Gordon ,
Unfortunately I took the phone call before I received your reply. I didn’t realise I could have accepted and then appealed. So I refused and am going to Tribunal.
I refused the award because they disregarded my mental health.
I asked her about the 4 points they awarded me for 1b that were removed at my MR.
She said there had been new legislation in June 2018 regarding psychological distress therefore I got an award at my assessment in May but my MR was in October so they used the new legislation and removed it ! The only legislation I can find went in favour of psychological distress.
I’m so confused
Thank you
Unfortunately I took the phone call before I received your reply. I didn’t realise I could have accepted and then appealed. So I refused and am going to Tribunal.
I refused the award because they disregarded my mental health.
I asked her about the 4 points they awarded me for 1b that were removed at my MR.
She said there had been new legislation in June 2018 regarding psychological distress therefore I got an award at my assessment in May but my MR was in October so they used the new legislation and removed it ! The only legislation I can find went in favour of psychological distress.
I’m so confused
Thank you
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- Gordon
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5 years 5 months ago #223778 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic phone call from PIp re mobility before tribunal
sotired
The change was actually made at the beginning of the year but the DWP did not apply it until the summer but it did not affect Descriptor (b) which you previously met.
Gordon
The change was actually made at the beginning of the year but the DWP did not apply it until the summer but it did not affect Descriptor (b) which you previously met.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sotired
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5 years 5 months ago #223796 by sotired
Replied by sotired on topic phone call from PIp re mobility before tribunal
Thanks again Gordon , which part did it affect. Because I claimed (1f) because I don’t go anywhere alone. The 4 points was awarded at assessment, I have appealed it. Along with many other things the assessor blatantly lied about,
Thanks
Thanks
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5 years 5 months ago #223821 by Gordon
It affected Descriptors (c), (d) and (f) but if you are unable to go out alone then they will not consider your ability to follow a route as the two activities are considered to be mutually exclusive of each other.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic phone call from PIp re mobility before tribunal
sotired wrote: Thanks again Gordon , which part did it affect. Because I claimed (1f) because I don’t go anywhere alone. The 4 points was awarded at assessment, I have appealed it. Along with many other things the assessor blatantly lied about,
Thanks
It affected Descriptors (c), (d) and (f) but if you are unable to go out alone then they will not consider your ability to follow a route as the two activities are considered to be mutually exclusive of each other.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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