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Successful MR

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4 years 7 months ago #247573 by Bud
Successful MR was created by Bud
Cannot believe it, had a letter from DWP giving me my award of standard Daily Living back. Cannot believe this!!!! Just checked & the back pay’s already gone into the bank. It was 8 weeks today since I went for MR. The award is for just 3 months & states that they will look again after the end of July 2020. But then goes on to say that my award is until July 2021. Could I appeal the short term award?

I would like to appeal for mobility as I only got 4 points, so can I go straight to appeal with this?

Partner had his enhanced Daily Living stopped, & now only gets mobility. He’s still awaiting his MR which was sent off on 10 Feb so that’s almost 12 weeks now. They stopped the SDP, will we get this back or do we both need to get Daily Living? Also he gets a CP for me which was due to stop soon, will he continue to get this too?

Thanks so much to all of you for this, I never dreamt that I’d get my award back without a massive fight. At some point I shall lie down & have a jolly good sob. Keep fighting all & never ever give up!
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4 years 7 months ago #247585 by Gordon
Replied by Gordon on topic Successful MR
Bud

Congratulations on getting the Decision revised.

You can appeal the length of the award as it is part of the Decision but I have to warn you that members have not had huge success at doing this, award lengths should reflect the likelihood of your limitations changing, for the better or the worse. You will need to provide definitive evidence that your conditions are not likely to change.

Yes, you can appeal the Mobility component but make sure that you understand the criteria that you will need to make.

You both need to have a PIP Daily Living award for the Severe Disability award to be payable.

It may be because it is Friday evening but I do not know what you mean by CP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bud
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4 years 7 months ago #247594 by Bud
Replied by Bud on topic Successful MR
Thanks Gordon.

Sorry for some reason I was thinking Carers Premium. I meant Carers Allowance. My partner Carers Allowance for me is an underlying entitlement, it was about £36.85 a week. They couldn’t pay the full amount as my partner was getting ESA & another benefit, I think SDP. Seeing as there is no longer SDP being paid as he lost his Daily Living, would he now be able to get full Carers Allowance for me? It was due to stop around 4 May, but now I have my PIP back for now should/could he apply for this or would it be paid automatically if entitled?

Thanks.
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4 years 7 months ago #247597 by Gordon
Replied by Gordon on topic Successful MR
Bud

It sounds like your partner is receiving Contribution Based ESA. They can claim CA against your Daily Living award but if they are receiving ESA(CB) then it won't normally be payable, the two benefits overlap so only the higher paying one will actually be paid.

If they are eligible for Income Related ESA then they could be paid the Carers Premium for claiming CA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bud
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4 years 7 months ago #247599 by wing
Replied by wing on topic Successful MR
Congratulations Bud. Keep fighting!
The following user(s) said Thank You: Bud
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4 years 7 months ago #247605 by Bud
Replied by Bud on topic Successful MR
Thanks again Gordon.

Unfortunately I'm even more confused now, just as I think I understand ...

I think he gets both IR & CB ESA, that's what DWP told me. However, I have a letter that says ESA is based on NI CB.

I'm still confused about the Carers Premium & Carers Allowance. All I know is that one is a full payment, & the other is half that amount which he already gets. He no longer gets SDP or SDA that was €124.90.

I went for 0-10 points Daily Living & am considering an appeal for the extra 2 points, which I don't think I'll have a problem with.

Also for mobility I got 4 points. Would I be able to go down the PTSD route & vertigo in order to get more points? As those 4 points that I got rarely apply to me. I've spent a long time studying the descriptors for planning & following a journey but I'm still not sure that it would apply to me.

Thanks again :)
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