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Engagng with others F2F appeal
- luluspice
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8 months 4 days ago #288990 by luluspice
Engagng with others F2F appeal was created by luluspice
Hi,
I am reading your email re DWP looking at claims for PIP wrongly denied points. I am wondering if he could be a victim of flawed assessment?
My husband had his PIP refused on move from DLA in 2016. He was not awarded any points at all. He had been recieving high rate DLA since 1998. He has PTSD from car accident, as well as physical conditions. He is still being seen by psychiatrist, amd takes anti psychotic meds. Moods and social interaction are sproradic,
We went to tribunal and despite him barely able to speak without stammering and weeping, and his emotional state he got 1 point for using dossette box for meds! We reapplied for PIP and a year later he was awarded Full rates for both.
The detrimental effect of that tribunal was hard. His mental health slipped back to a bad place.
To get ZERO points when it was known he was in poor mental state that affected his mobility as well as care needs was a shocker.
We lost a lot of money, including his SDP, which had been given because he had been on SDA before moved us from
iS to ESA. (Legacy benefits) Not because of his DLA award. DWP refused to give him that premium back, Wronly citing it was only given with DLA/PIP.
How would I ask DWP to review his claim for that time as I believe he was a victim of the recent 'errors' being corrected?
Thank you
Luluspice
I am reading your email re DWP looking at claims for PIP wrongly denied points. I am wondering if he could be a victim of flawed assessment?
My husband had his PIP refused on move from DLA in 2016. He was not awarded any points at all. He had been recieving high rate DLA since 1998. He has PTSD from car accident, as well as physical conditions. He is still being seen by psychiatrist, amd takes anti psychotic meds. Moods and social interaction are sproradic,
We went to tribunal and despite him barely able to speak without stammering and weeping, and his emotional state he got 1 point for using dossette box for meds! We reapplied for PIP and a year later he was awarded Full rates for both.
The detrimental effect of that tribunal was hard. His mental health slipped back to a bad place.
To get ZERO points when it was known he was in poor mental state that affected his mobility as well as care needs was a shocker.
We lost a lot of money, including his SDP, which had been given because he had been on SDA before moved us from
iS to ESA. (Legacy benefits) Not because of his DLA award. DWP refused to give him that premium back, Wronly citing it was only given with DLA/PIP.
How would I ask DWP to review his claim for that time as I believe he was a victim of the recent 'errors' being corrected?
Thank you
Luluspice
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8 months 4 days ago #289009 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Engagng with others F2F appeal
l
I'm afraid It is now too late to dispute a failure to award from 2018 especially as you have already been to a Tribunal.
As to the SDP, the rules for ESA are different from SDA. To receive the Premium you would need to meet all of the following;
1. Be entitled to the payment of Income Related ESA.
2. Be in receipt of a qualifying benefit such as PIP Daily Living.
3. Be living alone or considered to be living alone.
4. No one is receiving Carers Allowance against the qualifying benefit.
Unless you also have a qualifying benefit then your husband will not meet the requirements of (3) and the Premium will not be payable.
Gordon
I'm afraid It is now too late to dispute a failure to award from 2018 especially as you have already been to a Tribunal.
As to the SDP, the rules for ESA are different from SDA. To receive the Premium you would need to meet all of the following;
1. Be entitled to the payment of Income Related ESA.
2. Be in receipt of a qualifying benefit such as PIP Daily Living.
3. Be living alone or considered to be living alone.
4. No one is receiving Carers Allowance against the qualifying benefit.
Unless you also have a qualifying benefit then your husband will not meet the requirements of (3) and the Premium will not be payable.
Gordon
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- luluspice
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8 months 4 days ago #289012 by luluspice
Replied by luluspice on topic Engagng with others F2F appeal
The case was in 2016. Tribunal was December 2016, a month after the case law review. Tribunal erred in law as had not applied the new ruling. I believe I can ask for LEAP review based on the' error in law'
He was not any points at all by DWP , Tribunal gave 1 for dosette box. I now see errors relating to the “Engaging with other people face to face” activity has been raised, That would also apply to his claim. Errors in law are not time barred I understand?
He was not any points at all by DWP , Tribunal gave 1 for dosette box. I now see errors relating to the “Engaging with other people face to face” activity has been raised, That would also apply to his claim. Errors in law are not time barred I understand?
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8 months 4 days ago #289013 by luluspice
Replied by luluspice on topic Engagng with others F2F appeal
Sorry Gordon, but we were on a legacy benefit . SDA was awarded before he got DLA and that entitled him to the premium. See old website for that info. web.archive.org/web/20090604201835/http:...AndSupport/DG_068683
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8 months 4 days ago #289015 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Engagng with others F2F appeal
l
Even if the DWP could look at his claim again, which I do not believe they can as the Decision was made by a Tribunal, it would not help you. From your original post, he only scored one point following the Tribunal and any points that could be added would still not result in sufficient points for an award.
As to the SDA, I'm sorry but it is not relevant to his current situation, he is receiving ESA and the ESA rules apply.
Gordon
Even if the DWP could look at his claim again, which I do not believe they can as the Decision was made by a Tribunal, it would not help you. From your original post, he only scored one point following the Tribunal and any points that could be added would still not result in sufficient points for an award.
As to the SDA, I'm sorry but it is not relevant to his current situation, he is receiving ESA and the ESA rules apply.
Gordon
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