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Just sent in a change in my disability…
- Natalie
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3 years 7 months ago #263493 by Natalie
Just sent in a change in my disability… was created by Natalie
Iv just sent in my pip form I requested a change in my condition after trying to get them to review my previous award due to the mm decision. Anyway didn’t get very far with that just basically said we haven’t started reviewing claims yet. So as my award ends December 5th 2022 and I always get it the form 12 months before i thought sod it ill start it now so no suprises close to Christmas. I was looking at my previous award that first I got standard care but after putting and mr in and of course they stuck to the original award I filled in the tribunal stuff and suprise suprise I got one of them phone calls and was offered standard mobility aswell at the time august 2019 my grandma had died in April and my grandad was dying of cancer he died in September so I wasn’t in a great place and as I had waited 10 months in 2017 to go to a tribunal and I did win enhanced care standard mobility then 12 months later so 2018 I was asked to apply for pip again had f2f April 2019 so I literally was exhausted so I accepted less. So I was looking at how they came to the original decision for just standard care and was shocked to see the paramedic who did my f2f used the last assessment that got over turned at a tribunal as the main evidence for her decision so just a warning make sure you fully look at your old report to see how they made there decision and if like me they used something that was overturned at a tribunal make sure you point it out to them. It’s to late for me to do anything about it but I shall be more alert to there tactics in future. I have mental health issues and that is the last time I let them get away with it.
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3 years 7 months ago #263549 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Just sent in a change in my disability…
Hi Natalie
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Thank you for your post, I always tell my clients if they have been to a Tribunal to send in a copy of that decision when they are re-newing their claim, especially if their condition has not changed. As you rightly pointed out they may look at an old decision when awarding a new decision.
Always ask for a copy of the assessors report called PA4 48 hrs after having an assessment.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Thank you for your post, I always tell my clients if they have been to a Tribunal to send in a copy of that decision when they are re-newing their claim, especially if their condition has not changed. As you rightly pointed out they may look at an old decision when awarding a new decision.
Always ask for a copy of the assessors report called PA4 48 hrs after having an assessment.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 7 months ago #263574 by Natalie
Replied by Natalie on topic Just sent in a change in my disability…
After doing some more research and finding all sorts of stuff they in December 2018 shouldn’t of sent me a review form as my decision was made at a tribunal so they should of 14 weeks before my tribunal award ended in December 2019 and should of sent me a new claim form as it should of been treated as a new claim and not a review as a tribunal is legally binding unless of course the Secretary of State can show they have received new medical evidence, an error in law or I asked for a change in circumstances in my case they didn’t receive any of that. So spent all morning on the phone to pip and it soon became clear they thought I was stupid and trying to fob me off he even said a tribunal’s decision is advisory and when I pointed out it was legally binding he soon apologised. Then he tried to say he can’t overturn it as there has been a change in law with regards to reviewing tribunal awards in June this year and I said but that does not apply to me as I’m disputing what happened in 2018-2019 then he said he has to refer it to the legal department.
So as if I could tell the future I put in an appeal at the tribunal in June this year and as luck would have it I received a letter today saying the dwp will not allow it because it has exceeded the maximum 13 months of right to appeal but I have 21 days to write to the tribunal about why they should allow the appeal to go ahead.
Well unlucky for the dwp I have the original assessment from 2016 report the subsequent tribunal award from 2017 the dwp letter on the 10th of November 2017 saying about my tribunal award the back payment I had and how long the award was for. The assessment report from 2019 that clearly shows the evidence used to decide my award ( 2016 report ) and also my award review form done in December 2018 ( where I stated no change on all descriptors ) the mr from June 2019 that states again going with the assessment report and then the august 2019 decision letter awarding me standard mobility and sticking with standard care.
When I filled in the December 2018 report o sent them everything including the tribunal award and it wasn’t mentioned or even used in concluding my current award.
So let’s see what happens from here…..
So as if I could tell the future I put in an appeal at the tribunal in June this year and as luck would have it I received a letter today saying the dwp will not allow it because it has exceeded the maximum 13 months of right to appeal but I have 21 days to write to the tribunal about why they should allow the appeal to go ahead.
Well unlucky for the dwp I have the original assessment from 2016 report the subsequent tribunal award from 2017 the dwp letter on the 10th of November 2017 saying about my tribunal award the back payment I had and how long the award was for. The assessment report from 2019 that clearly shows the evidence used to decide my award ( 2016 report ) and also my award review form done in December 2018 ( where I stated no change on all descriptors ) the mr from June 2019 that states again going with the assessment report and then the august 2019 decision letter awarding me standard mobility and sticking with standard care.
When I filled in the December 2018 report o sent them everything including the tribunal award and it wasn’t mentioned or even used in concluding my current award.
So let’s see what happens from here…..
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3 years 7 months ago #263590 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Just sent in a change in my disability…
Hi Natalie
I know of numerous claimants who have been to a Tribunal, won and then been sent a review form.
It will be interesting to see how you get on, keep us posted, your case may turn out to be a saga like Franks.
Gary
I know of numerous claimants who have been to a Tribunal, won and then been sent a review form.
It will be interesting to see how you get on, keep us posted, your case may turn out to be a saga like Franks.
Gary
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3 years 7 months ago #263610 by Natalie
Replied by Natalie on topic Just sent in a change in my disability…
What was franks saga? And what was the outcome?
I know every case is different but was just wondering what happened?
I know every case is different but was just wondering what happened?
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3 years 7 months ago - 3 years 7 months ago #263615 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Just sent in a change in my disability…
Hi Natalie
I spelt the name wrong should be phrank not Frank.
phrank's saga is still ongoing, you can see phranks, on the main board, I believe over 1300 members have visited the posts which is now at 8/9 pages.
Gary
I spelt the name wrong should be phrank not Frank.
phrank's saga is still ongoing, you can see phranks, on the main board, I believe over 1300 members have visited the posts which is now at 8/9 pages.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 7 months ago by Gary.
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