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Some common questions
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5 years 5 months ago #220451 by micksville
Replied by micksville on topic Some common questions
I assume though Gordon,that if one had the assessment or review before 65 or even after 65 but disagreed with the mobility award given, that person could still appeal the mobility award he disagreed with? The resultant mobility award after any appeal would be the one carried forward? Is that correct? Also why is 65 the pertinent age here as I thought 67 was now the retirement age where working age benefits are concerned for men at any rate?
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5 years 5 months ago #220468 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Some common questions
Micksville
Just to clarify the post that you replied to is from 20 months ago!
An Appeal re-makes the Decision appealed and applies from that date so one for a Decision made before the Qualifying Age would still allow the Mobility element, even if the hearing occurs after that date.
With effect from August of this year, it may be later I checked it a long time ago, the State Retirement Age started to increase so the QA for PIP is now 65 or State Retirement Age, whichever is the later.
Gordon
Just to clarify the post that you replied to is from 20 months ago!
An Appeal re-makes the Decision appealed and applies from that date so one for a Decision made before the Qualifying Age would still allow the Mobility element, even if the hearing occurs after that date.
With effect from August of this year, it may be later I checked it a long time ago, the State Retirement Age started to increase so the QA for PIP is now 65 or State Retirement Age, whichever is the later.
Gordon
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5 years 5 months ago #220474 by micksville
Replied by micksville on topic Some common questions
Thanks Gordon. One more point to clarify. So I assume an appeal on a decision made after the age qualifying date would also allow a mobility element if the appeal was won...as if the original decision was proven wrong the newer tribunal decision would stand. I refer to an instance where someone over the qualifying date had an ordinary periodic review.
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5 years 5 months ago #220478 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Some common questions
micksville
No, as the Decision is after the qualifying age.
Gordon
No, as the Decision is after the qualifying age.
Gordon
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5 years 5 months ago #220483 by micksville
Replied by micksville on topic Some common questions
Ok Thanks Gordon That surprises me as there is nothing to stop the DWP making blanket decisions against claimants after the qualifying age and there is no recourse to appeal for a claimant even if the decision were patently wrong. Hope I'm never in that boat Thanks again.
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5 years 5 months ago #220487 by Gordon
I'm sorry but I don't understand what you mean.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Some common questions
micksville wrote: Ok Thanks Gordon That surprises me as there is nothing to stop the DWP making blanket decisions against claimants after the qualifying age and there is no recourse to appeal for a claimant even if the decision were patently wrong. Hope I'm never in that boat Thanks again.
I'm sorry but I don't understand what you mean.
Gordon
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