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Lost pip appeal letter

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5 years 5 months ago #220133 by Chlorinated
Lost pip appeal letter was created by Chlorinated
I received a letter in relation to the 'planning and following journeys' descriptor. From what I recall the descriptor was reinterpreted and they wanted to see if people who hadn't been awarded it before were now or previously eligible. In the letter the decision said it didn't apply to me as originally decided 2.5 years ago. I wanted to read about the descriptor and appeal if I felt it did apply.

Unfortunately I cannot find the letter, do not recall exactly what it said or know of deadline dates.

Should I just call them and request the letter again, can I ask for an extension?

Thanks

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5 years 5 months ago #220143 by Gordon
Replied by Gordon on topic Lost pip appeal letter
Amonia

You will need to find the letter or request a new one, if the original Decision was 2 1/2 years ago then you are way outside the normal time to request an appeal.

Gordon

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5 years 5 months ago #220167 by Helen-Louise
Replied by Helen-Louise on topic Lost pip appeal letter
Was this based on overwhelming psychological distress or safety and supervision? If so, there is news about it on Benefits and Work itself here: www.benefitsandwork.co.uk/news/3791-new-...kers-on-pip-mobility

and also on the official Government site here: www.gov.uk/government/publications/perso...ence-payment-changes

It looks like the appeal happens automatically under these circumstances (because it's the descriptor which has changed rather than your condition) and you will get another letter to tell you the outcome of the appeal.

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5 years 5 months ago #220177 by Gordon
Replied by Gordon on topic Lost pip appeal letter

helen-louise wrote: Was this based on overwhelming psychological distress or safety and supervision? If so, there is news about it on Benefits and Work itself here: www.benefitsandwork.co.uk/news/3791-new-...kers-on-pip-mobility

and also on the official Government site here: www.gov.uk/government/publications/perso...ence-payment-changes

It looks like the appeal happens automatically under these circumstances (because it's the descriptor which has changed rather than your condition) and you will get another letter to tell you the outcome of the appeal.


This is not an appeal process, the DWP are looking at the Decisions to see whether they can be revised.

Gordon

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5 years 5 months ago #220273 by Chlorinated
Replied by Chlorinated on topic Lost pip appeal letter

helen-louise wrote: Was this based on overwhelming psychological distress or safety and supervision?


Yes, that's the letter. Actually I have found it and it says they are reassessing due to changes in the law and seeing whether those two descriptors now affect me in light of those changes to which they have said they don't so my award remains the same.

When I originally got my award, I did a reconsideration elaborating on the fact that I couldn't use public transport however they flat out refused it and I subsequently didn't have the time to appeal. Can I get a reconsideration on this new letter saying how public transport causes me overwhelming psychological distress but I think the decision maker isn't taking this into account?

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5 years 5 months ago #220276 by Gordon
Replied by Gordon on topic Lost pip appeal letter
Amonia

If the letter indicates that a Decision has been made then it should carry a right of appeal, however, if it is simply a decision not to look at your award then it won't. That said, you have nothing to lose by requesting an MR, at worst they can refuse it.

If the opportunity exists are you prepared to take this to appeal.

Be aware, there is no legal requirement for you to be able to use Public Transport, whilst it is a DWP guideline it carries no legal weight and there is no Case Law in this area that changes this, so I am not sure whether you would have a winnable case at an appeal if this is your only argument.

Gordon

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