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PIP at 64
- Green
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9 years 5 months ago #137554 by Green
Replied by Green on topic PIP at 64
Sorry all. Here is a link to the blog I found:
attentionseekingsurvivor.wordpress.com/2...s-easy-pip-part-one/
attentionseekingsurvivor.wordpress.com/2...s-easy-pip-part-one/
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9 years 5 months ago #137565 by Gordon
The blog has been written by an individual and appears to be over a year old. They appear to have been one of the first to claim PIP which operated very differently during it's first 12-18 months than how it does now, for example most reports were audited during the first year. As a result I don't think you can draw any conclusions about how a claim and MR were handled then and how they will be handled now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP at 64
Green wrote: Sorry all. Here is a link to the blog I found:
attentionseekingsurvivor.wordpress.com/2...s-easy-pip-part-one/
The blog has been written by an individual and appears to be over a year old. They appear to have been one of the first to claim PIP which operated very differently during it's first 12-18 months than how it does now, for example most reports were audited during the first year. As a result I don't think you can draw any conclusions about how a claim and MR were handled then and how they will be handled now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Green
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9 years 3 months ago #139795 by Green
Replied by Green on topic PIP at 64
I received the Tribunal pack last week. On carefully reading through I found this: "I respectfully request that the Tribunal may wish to consider awarding 3 points for this activity instead of the 2 points awarded".
My question is does this mean that the tribunal may not go ahead after all and that I will be awarded lower care daily rate for PIP?
Thanks
My question is does this mean that the tribunal may not go ahead after all and that I will be awarded lower care daily rate for PIP?
Thanks
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9 years 3 months ago - 9 years 3 months ago #139808 by Gordon
The Tribunal panel will make their own Decision on your claim, this does not preclude them from taking the DWP's advice but they will likely want to see if you meet the Enhanced rate rather than just the Standard one.
I would not expect them to look at your papers until the day before your hearing, so if they were to make an award without seeing you it is unlikely that this will happen before the actual day of the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP at 64
Green wrote: I received the Tribunal pack last week. On carefully reading through I found this: "I respectfully request that the Tribunal may wish to consider awarding 3 points for this activity instead of the 2 points awarded".
My question is does this mean that the tribunal may not go ahead after all and that I will be awarded lower care daily rate for PIP?
Thanks
The Tribunal panel will make their own Decision on your claim, this does not preclude them from taking the DWP's advice but they will likely want to see if you meet the Enhanced rate rather than just the Standard one.
I would not expect them to look at your papers until the day before your hearing, so if they were to make an award without seeing you it is unlikely that this will happen before the actual day of the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 3 months ago by Gordon.
- Green
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9 years 3 months ago #139839 by Green
Replied by Green on topic PIP at 64
Thank you Gordon. Some more detail:
Hi again
I failed my MR because they had carried it out without giving me time to respond to the assessors report. So they agreed to re-reconsider but to prepare for tribunal in the meantime.
I then received the court paper response from them which prompted me to ask why put me, them and the tax payer through a hearing if the second DM appears to suggest awarding me the extra point. The person I spoke to said he agreed, put me on hold whilst he spoke to his manager who also agreed and said it would go through to the benefits team. That was about 10 days ago. He said if I get a hearing date in the meantime to get back in touch. I will try and ring again this Friday to see if they have finally made their minds up.
I just wondered if this had happened to anyone else?
Hi again
I failed my MR because they had carried it out without giving me time to respond to the assessors report. So they agreed to re-reconsider but to prepare for tribunal in the meantime.
I then received the court paper response from them which prompted me to ask why put me, them and the tax payer through a hearing if the second DM appears to suggest awarding me the extra point. The person I spoke to said he agreed, put me on hold whilst he spoke to his manager who also agreed and said it would go through to the benefits team. That was about 10 days ago. He said if I get a hearing date in the meantime to get back in touch. I will try and ring again this Friday to see if they have finally made their minds up.
I just wondered if this had happened to anyone else?
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9 years 3 months ago #139844 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP at 64
Green
The DWP can still Revise the Decision in your favour before the Tribunal hearing, but they are unlikely to do this until a about a week before.
Unfortunately PIP decision making is not as robust as it should be, I suspect you could make this comment for the DWP as a whole, as they have trained "up" lower grade staff to perform the role, whilst I am sure that these people are doing there best, it is clear that the "up" training is insufficient and they lack the experience that a Decision Maker should have.
I'm afraid you will have to wait and see what happens.
Gordon
The DWP can still Revise the Decision in your favour before the Tribunal hearing, but they are unlikely to do this until a about a week before.
Unfortunately PIP decision making is not as robust as it should be, I suspect you could make this comment for the DWP as a whole, as they have trained "up" lower grade staff to perform the role, whilst I am sure that these people are doing there best, it is clear that the "up" training is insufficient and they lack the experience that a Decision Maker should have.
I'm afraid you will have to wait and see what happens.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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