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2 years 5 months ago #265058 by Gary
Replied by Gary on topic Leap Review
Hi Loubylou

We have heard of your situation a number of times on the forum where claimants cases have gone to a Tribunal and they have been told they are not eligible.

Reason being is that as the Tribunal is independant from the DWP, they look at all the relevant evidence to enable them to come to a decision, if you are unhappy with that decision then you have to request a statement of reason within one month of the decision date and then appeal to the Upper Tribunal, but it has to be on a point of law.

Gary

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2 years 5 months ago #265066 by Loubylou
Replied by Loubylou on topic Leap Review
Hi Gary,

Thanks for your response.
I get what you are saying and I was happy with the tribunal decision for that particular award, so there was no requirement from me to oppose it.
I was referring to earlier decisions the DWP were responsible for which they are now trying to blame on the above. Which makes no sense to me at all.

Trying to put all this in writing to them, is testing to say the least, I’m at my wits end.

Many thanks for all your help and support, it’s gratefully appreciated.

Kindest regards,

Loubylou
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2 years 4 months ago #265800 by Loubylou
Replied by Loubylou on topic Leap Review
Hey all,

Yesterday I was contacted by solicitors regarding the LEAP review, the criteria brought about by B&W and to say I am delighted that they have got in touch is an understatement!

I didn’t have the emotional or physical strength to go through an MR when I received their letter, on the 11/10/2021, as had just went through a 6 month process with them just to reinstate my pip, can I ask if I may, although I am out with the 30 days to register a MR can I still do so, I can prove good reason for the delay.

The solicitors have been lovely, however I am so worried despite the information I have forwarded, unless you deal with this, day in and day out, how can they possibly understand from one letter the jist behind everything.

Ie tribunal awards, how can the DWP say if at anytime your award was decided by a tribunal, they cannot look at previous awards?

I’m confused, a tribunal looks at a particular award, and that’s it! A tribunal doesn’t look at previous awards they had no involvement in? The DWP made those decisions. The only reason my case went to tribunal in first place was because the incompetence of DWP to correct their maths (couldn’t count to 8) despite complaints, had to go through tribunal to correct something they could have easily done.

Any help on the MR would be gratefully received.

Kindest regards,

Loubylou

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2 years 4 months ago #265803 by Gary
Replied by Gary on topic Leap Review
Hi Loubylou

You usually have to apply for a MR within one month of the date on the decision notice but you can apply for an out of time MR providing you have a good cause, the absolute time limit for a MR is 13 months.

One of the reasons why the DWP say 'they cannot look at previous awards decided by a tribunal' is because a Tribunal is independant of the DWP and base their decision on the facts laid before them and by what the claimant says.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 4 months ago #265808 by Loubylou
Replied by Loubylou on topic Leap Review
Thank you for your response Gary,

My MR has only lapsed by two days, if they refuse it, I shall question them on it.

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2 years 4 months ago #265819 by LL26
Replied by LL26 on topic Leap Review
Hi Loubylou,
I doubt very much that being 2 days late will be a problem. Make sure you explain why you are late. Worry, anxiety and struggling to write the correct information are probably valid reasons. If not accepted then there is a right of appeal.
Keep us posted as to what happens
Good luck.
LL26

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