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Obvious leap case being dismissed by DWP
- Anthony
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2 years 8 months ago #261922 by Anthony
Obvious leap case being dismissed by DWP was created by Anthony
I act as carer for my former partner who has been in receipt of PIP since 2015.
Nothing about her condition, or circumstances has changed since that time.
In may this year, out of the blue, she was awarded the enhanced rate of care and basic mobility, falling in line with the high court decisions against the DWP.
She contacted DWP to query why she had not been awarded her 'new rate' from the start of her claim, being that there had been no changes in her condition or her situation, only to be met with what she could only describe as a load of waffle.
She received a letter last week, that included a copy of her previous assessment, however the scores they provided did not match those she has in her records.
I would dearly love to know how I might be able, as her carer and with a greater ability to understand and process the information, to press the DWP on her obvious claim to monies owed following the high court decisions.
She suffers from Bi-polar, BPD, anxiety and depression, so as far as I can see, should have been automatically included in the leap review, else the unexpected increase in her award makes no sense.
Any help would be greatly appreciated. Thanks
Nothing about her condition, or circumstances has changed since that time.
In may this year, out of the blue, she was awarded the enhanced rate of care and basic mobility, falling in line with the high court decisions against the DWP.
She contacted DWP to query why she had not been awarded her 'new rate' from the start of her claim, being that there had been no changes in her condition or her situation, only to be met with what she could only describe as a load of waffle.
She received a letter last week, that included a copy of her previous assessment, however the scores they provided did not match those she has in her records.
I would dearly love to know how I might be able, as her carer and with a greater ability to understand and process the information, to press the DWP on her obvious claim to monies owed following the high court decisions.
She suffers from Bi-polar, BPD, anxiety and depression, so as far as I can see, should have been automatically included in the leap review, else the unexpected increase in her award makes no sense.
Any help would be greatly appreciated. Thanks
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- BIS
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2 years 8 months ago #261940 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Obvious leap case being dismissed by DWP
Hi Anthony
You say out of the blue your partner was awarded enhanced rate of care and basic mobility, but you didn't say what she originally had. The high court ruling for 2016 was about mobility and in 2019 engaging face to face. Your partner could not have received the money from 2015 because the rulings had not been made and that is the same for every claimant.
BIS
You say out of the blue your partner was awarded enhanced rate of care and basic mobility, but you didn't say what she originally had. The high court ruling for 2016 was about mobility and in 2019 engaging face to face. Your partner could not have received the money from 2015 because the rulings had not been made and that is the same for every claimant.
BIS
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- Anthony
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2 years 8 months ago #261966 by Anthony
Replied by Anthony on topic Obvious leap case being dismissed by DWP
Hi, sorry. Originally she was receiving basic care and no mobility. As I said, nothing about her conditions or how they affect her have changed, since her original claim back in 2015. If she is entitled to it now, she must have, if the law was interpretted correctly, been entitled to it from the begining of her claim.
Am I wrong to arrive at what seems to be such an obvious conclusion? In the absense of any changes other than the high court decisions, how can the increase in her award be justified?
Am I wrong to arrive at what seems to be such an obvious conclusion? In the absense of any changes other than the high court decisions, how can the increase in her award be justified?
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- Gary
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2 years 8 months ago #262014 by Gary
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Replied by Gary on topic Obvious leap case being dismissed by DWP
Hi Anthony
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
Gary
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
Gary
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- elle
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2 years 8 months ago #262025 by elle
Replied by elle on topic Obvious leap case being dismissed by DWP
Gary would you show here ,
"Clear evidence of Overwhelming Psychological Distress"
Thanks.
"Clear evidence of Overwhelming Psychological Distress"
Thanks.
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- Gary
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2 years 8 months ago #262086 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Obvious leap case being dismissed by DWP
Hi ccc
The legal definition is:
“Overwhelming psychological distress” means distress related to an enduring mental health condition or an intellectual or cognitive impairment.
When you feel or experience feelings of vulnerability, fear, confusion, or trouble, it can be referred to as psychological distress or mental distress. While it is normal to feel overwhelmed, fatigued, and tired now and then, psychological distress occurs when what you feel is intense and more profound.
Gary
The legal definition is:
“Overwhelming psychological distress” means distress related to an enduring mental health condition or an intellectual or cognitive impairment.
When you feel or experience feelings of vulnerability, fear, confusion, or trouble, it can be referred to as psychological distress or mental distress. While it is normal to feel overwhelmed, fatigued, and tired now and then, psychological distress occurs when what you feel is intense and more profound.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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