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TOPIC: Health Assessment (my journey) :-(

Health Assessment (my journey) :-( 1 month 1 day ago #237316

Gordon wrote:

Stressed wrote: I've just looked at the guide again and IF I'm reading it correctly and IF my calculations are correct, then it seems I should be awarded standard rate foe both Dailey living and mobility?


So the report seems to be supportive of this award.

Gordon


I thought I had to score at least 12 points on both for standard rates but according to the guide I only need to score 8 points.

From comparing the report to the award points in the guide, it looks like I have scored 8 points or dailey living and 10 points for mobility.

So wouldn't that award me standard rate for both?

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Health Assessment (my journey) :-( 1 month 1 day ago #237317

  • Gordon
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Stressed

Yes, it would.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Health Assessment (my journey) :-( 1 month 1 day ago #237321

Gordon wrote: Stressed

Yes, it would.

Gordon


If that is the case then although I know I should have been awarded more points and there is a lot of fictitious information on the report, I think I would just accept it without appealing as I wouldn't want to risk losing the standard rates and the stress of going through another appeal.

I would just need to hope the DM agrees with the points on the report :(
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Health Assessment (my journey) :-( 3 weeks 5 days ago #237548

I've still not heard anything from anyone yet although they said the judge would deside if he will let the UT look at it by the 12th of this month.

But I've just been thinking, what happens IF I am awarded pip and then i win my appeal at the UT?

Would I then lose the pip or would the appeal just be cancelled?

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Health Assessment (my journey) :-( 3 weeks 5 days ago #237550

  • Gordon
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Stressed

Your UTT appeal is solely in regard to the previous Decision, it has no bearing on the new claim, however, the Decision from your new claim will limit and supersede any award made if you UTT appeal is successful AND an award is made following a new FTT.

Gordon
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Health Assessment (my journey) :-( 3 weeks 5 days ago #237552

Gordon wrote: Stressed

Your UTT appeal is solely in regard to the previous Decision, it has no bearing on the new claim, however, the Decision from your new claim will limit and supersede any award made if you UTT appeal is successful AND an award is made following a new FTT.

Gordon


Oh ok

So if I win they would put me back on esa but then reduce all the payments so I wouldn't be any better off?

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