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Is this possible?
- annie-rose
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5 years 3 months ago #243589 by annie-rose
Is this possible? was created by annie-rose
I was just wondering- I have to complete a PIP review form. I would like to write 'No change' and include some details for each care segment and just put 'No change' with no details for the mobility section.
I actually disagree with a judgement made in the last few months that I am not entitled to any Mobility component and believe I already should have been entitled to Mobility the last time I applied so can I put 'No change'. Wait for their response to this review form (which at worse would be a Health Assessment and at best a renewed Care award) and then put in an appeal against the decision not to award 'Mobility' a few years ago?
I actually disagree with a judgement made in the last few months that I am not entitled to any Mobility component and believe I already should have been entitled to Mobility the last time I applied so can I put 'No change'. Wait for their response to this review form (which at worse would be a Health Assessment and at best a renewed Care award) and then put in an appeal against the decision not to award 'Mobility' a few years ago?
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- Gary
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5 years 3 months ago #243592 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Is this possible?
Hi Ellie
When completing the review form even if there has been no change you still to write a brief note on how your condition affects you for each category.
For the mobility category, I would complete it as you normally would for a PIP claim, unfortunately you cannot appeal a decision made a few years ago, if the decision is over 13 months then it is out of time for an appeal.
If you follow the link below it will tell you what you need to know about completing the PIP review.
www.benefitsandwork.co.uk/help-for-claim...ip-award-review-form
Gary
When completing the review form even if there has been no change you still to write a brief note on how your condition affects you for each category.
For the mobility category, I would complete it as you normally would for a PIP claim, unfortunately you cannot appeal a decision made a few years ago, if the decision is over 13 months then it is out of time for an appeal.
If you follow the link below it will tell you what you need to know about completing the PIP review.
www.benefitsandwork.co.uk/help-for-claim...ip-award-review-form
Gary
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- annie-rose
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5 years 3 months ago #243655 by annie-rose
Replied by annie-rose on topic Is this possible?
Hi Gary,
It's a bit confusing because I was sent a letter at the end of last year (2019) stating that they had looked at my case again in the light of new legislation but had decided I was still only entitled to 4 points for Mobility. The letter said that I had a month to appeal the decision (which has now passed) but I was under the impression that I could still appeal this for up to 13 months.
I'm worried about putting 'No change' , which would lead to them scoring 4 points again and then adding conflicting information (I should qualify for unable to make any journeys alone) because this would increase the chances of a face-to-face (which I couldn't cope with even if accompanied).
I wondered whether if I write 'No change' with details for the Care element and then write 'No change' without any details for the Mobility component then I might just be awarded the Care component this time without a face-to-face. Then I could appeal the previous decision re. mobility. Is this possible?
It's a bit confusing because I was sent a letter at the end of last year (2019) stating that they had looked at my case again in the light of new legislation but had decided I was still only entitled to 4 points for Mobility. The letter said that I had a month to appeal the decision (which has now passed) but I was under the impression that I could still appeal this for up to 13 months.
I'm worried about putting 'No change' , which would lead to them scoring 4 points again and then adding conflicting information (I should qualify for unable to make any journeys alone) because this would increase the chances of a face-to-face (which I couldn't cope with even if accompanied).
I wondered whether if I write 'No change' with details for the Care element and then write 'No change' without any details for the Mobility component then I might just be awarded the Care component this time without a face-to-face. Then I could appeal the previous decision re. mobility. Is this possible?
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- Gordon
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5 years 3 months ago #243657 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Is this possible?
Ellie
Any appeal would be totally separate from your current assessment but be aware that this assessment will limit any award that a Tribunal might make, so if you were awarded Mobility at an appeal, which from our previous conversations would seem unlikely, your stating "no change" on the form would almost certainly mean that no Mobility award would be made now and that will be the Decision carried forward, although you would have a new right of appeal.
Gordon
Any appeal would be totally separate from your current assessment but be aware that this assessment will limit any award that a Tribunal might make, so if you were awarded Mobility at an appeal, which from our previous conversations would seem unlikely, your stating "no change" on the form would almost certainly mean that no Mobility award would be made now and that will be the Decision carried forward, although you would have a new right of appeal.
Gordon
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- annie-rose
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5 years 3 months ago #243658 by annie-rose
Replied by annie-rose on topic Is this possible?
Okay so my best option to avoid a face-to-face is probably just to fill in the Care section with details and back this with evidence but then just state 'No change' with no details for the Mobility.
If I was well enough for a face-to-face then I would add details to the Mobility section and mention that things have got worse.
If I was well enough for a face-to-face then I would add details to the Mobility section and mention that things have got worse.
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- Gordon
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5 years 3 months ago #243659 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Is this possible?
Ellie
As always, it's entirely your choice what you include or not in the review form.
Gordon
As always, it's entirely your choice what you include or not in the review form.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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