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Upset
- CoolgirlM
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4 years 7 months ago #236595 by CoolgirlM
Upset was created by CoolgirlM
Hi all,
I can’t find my lost thread so I will quickly recap my situation:
- Went from Hight rate Care and Low Rate Mobility on DLA to 0 points for both categories when moving to PIP.
- Requested MR which was Rejected
-Have lodged appeal which will take place in just over a week.
-ATOS have updated their health report which should entitle me to 8 points and standard rate Care, and although DWP have told me they have received information and will be in touch with a decision, I haven’t heard anything back.
Yesterday I had a meeting with my caseworker at Citizens Advice and she recommended I accept an offer of standard rate care if it is made. I feel I am entitled to high rate care but realised during the meeting that I had misunderstood descriptor 3, the ‘managing therapy’ one. As I need a lot of help with my medication that would take at least 7 hours per week, I thought I would be entitled to at least 6 points in that category, but the case worker pointed that I am only entitled to one point as that is the most you can get for help with medication.
With this being the case, do you think I should an accept an offer of standard rate care (if made) rather than go to tribunal and possibly get nothing.
I can’t find my lost thread so I will quickly recap my situation:
- Went from Hight rate Care and Low Rate Mobility on DLA to 0 points for both categories when moving to PIP.
- Requested MR which was Rejected
-Have lodged appeal which will take place in just over a week.
-ATOS have updated their health report which should entitle me to 8 points and standard rate Care, and although DWP have told me they have received information and will be in touch with a decision, I haven’t heard anything back.
Yesterday I had a meeting with my caseworker at Citizens Advice and she recommended I accept an offer of standard rate care if it is made. I feel I am entitled to high rate care but realised during the meeting that I had misunderstood descriptor 3, the ‘managing therapy’ one. As I need a lot of help with my medication that would take at least 7 hours per week, I thought I would be entitled to at least 6 points in that category, but the case worker pointed that I am only entitled to one point as that is the most you can get for help with medication.
With this being the case, do you think I should an accept an offer of standard rate care (if made) rather than go to tribunal and possibly get nothing.
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- BIS
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4 years 7 months ago #236606 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Upset
Hi CoolgirlM
I cannot tell you what to do here, because it has to be your decision. But if you look at page 34 of the PIP guide it shows that it is possible to score more than one point depending on how the DWP is applying the law
"At present the law is uncertain. But it may be the case that if you need help with supervision, prompting or assistance to manage medication and monitor a health condition then you should score more than one point. How many points will depend on the length of time the help is required."
Read through the information and then make your decision.
BIS
I cannot tell you what to do here, because it has to be your decision. But if you look at page 34 of the PIP guide it shows that it is possible to score more than one point depending on how the DWP is applying the law
"At present the law is uncertain. But it may be the case that if you need help with supervision, prompting or assistance to manage medication and monitor a health condition then you should score more than one point. How many points will depend on the length of time the help is required."
Read through the information and then make your decision.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- CoolgirlM
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4 years 7 months ago #236820 by CoolgirlM
Replied by CoolgirlM on topic Upset
Thank you for your advice BIS.
My case worker from Citizens Advice has accepted an offer of standard rate care from DWP, even though I never authorised her to do this.
I am happy to be receiving anything, but at this stage, can I appeal this current award?
My case worker from Citizens Advice has accepted an offer of standard rate care from DWP, even though I never authorised her to do this.
I am happy to be receiving anything, but at this stage, can I appeal this current award?
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- BIS
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4 years 7 months ago #236822 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Upset
Hi CoolgirlM
If your caseworker has accepted the DWP offer on your behalf then your Appeal has now been lapsed (cancelled).
However, once the new Decision is put into payment you can request a new appeal if you want.
BIS
If your caseworker has accepted the DWP offer on your behalf then your Appeal has now been lapsed (cancelled).
However, once the new Decision is put into payment you can request a new appeal if you want.
BIS
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- CoolgirlM
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4 years 7 months ago #236826 by CoolgirlM
Replied by CoolgirlM on topic Upset
If I appeal the new decision, will it go to MR first?
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- Gordon
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4 years 7 months ago #236828 by Gordon
No, the DWP only get one chance so you would appeal in exactly the same way as you did before, just with updated reasons for the new appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Upset
CoolgirlM wrote: If I appeal the new decision, will it go to MR first?
No, the DWP only get one chance so you would appeal in exactly the same way as you did before, just with updated reasons for the new appeal.
Gordon
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