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Should I go for the court hearing or make a fresh application?

mitukarmitukar Member Posts: 3 Listener
edited June 2018 in PIP, DLA and AA
Hi. I am writing on behalf of my aunty. She was entitled high rate DLA since 2002. After claiming PIP application and changing of interview dates two times by them, an assesor came to our house. As I am managing all of her daily needs and I was outside of UK I believe she couldn't explained herself properly hence assesor awarded 0 points in total. Surprisingly report shows that she can take her own medicine where I always put medicine in different boxes to avoid her confusion and it is clearly visible as those are close to her bed. She cant stand for 2 minutes or walk unaided but assesor written she can walk after taking a short rest from her very own assumption.
However, I explained everything in the statement to oppose of every explanation they included that I sent for mandatory reconsideration but it was refused. Now I found the deadline for court appeal already passed as I was bit busy with my personal matters for couple of days. She is now at her age of 66. In this situation should I go for the court hearing or make a fresh application. Please give me your valuable suggestions. Thanks

Replies

  • markyboymarkyboy Member Posts: 368 Pioneering
    You can appeal but if you have got 0 points on both components it is unlikely a tribunal will alter it enough to get you an award and it could take up to 9 months for a hearing 
    Ask the DWP if you can re apply and before you fill in the application study the PIP criteria there are loads of posts on this site to give you the understanding how PIP works because what ever you put on paper on your application it is always brought up at assessment  reconsideration and appeals stages.
  • markyboymarkyboy Member Posts: 368 Pioneering
    Not sure if you can make a new claim as 65 is the cut of point for new applications.
    If you are transferring from DLA this does not apply but with you already had your DLA to PIP assessment i am not sure how you stand other people on here will be more knowledgeable 
  • clarabelleclarabelle Member Posts: 71 Courageous
    Appeal. The tribunal will accept it after a month if you have good cause. 
    Include as much medical docs as possible and if you can a letter from her gp explaining the impact of her disabilitis.  The dwp have to pay her at her previous rate while waiting for the appeal to be heard.  My experience is that appeals do turn over 0 points award's.  
    Try to contact your local disability advice service and they can help you write the appeal.
  • mitukarmitukar Member Posts: 3 Listener
    Hi all. Thanks for your valuable suggestions. DWP stopped her DLA due to delay of sending PIP form in last year. So she is not getting anything now. I just talked to her GP and got to know they only can print out her medical records without writing anything as a letter. 
  • YadnadYadnad Posts: 2,856 Member
    markyboy said:
    Not sure if you can make a new claim as 65 is the cut of point for new applications.
    If you are transferring from DLA this does not apply but with you already had your DLA to PIP assessment i am not sure how you stand other people on here will be more knowledgeable 
    Once you pass the golden milestone of becoming 65 you only have one chance of getting a PIP award when transferring from DLA. Basically use the appeal system or lose it forever.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    markyboy said:
    You can appeal but if you have got 0 points on both components it is unlikely a tribunal will alter it enough to get you an award and it could take up to 9 months for a hearing 
    Ask the DWP if you can re apply and before you fill in the application study the PIP criteria there are loads of posts on this site to give you the understanding how PIP works because what ever you put on paper on your application it is always brought up at assessment  reconsideration and appeals stages.
    Sorry but that's totally not true. Many many people request a Tribunal and have scored 0 points. Attend their Tribunal several months later and win. It most certainly is possible to overturn a decision if some has scored 0 points in both parts.

    As for the Tribunal request deadline already passed, if you have good reason why you didn't request within the time frame then they will most likely accept your appeal. You do infact have 13 months to appeal IF you have good reasons.

    If you don't put the request in then you won't be able to re-apply because of the age of your Aunt. This is her last chance, otherwise it will be Attendance Allowance and that has no mobility part.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    If the deadline has passed, yes you can still apply and make your representations to the Tribunal as to why the application is out of time. 
    Unfortunately the Tribunal will then ask the DWP if they would like to object to the late application.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @mitukar

    You can appeal to a tribunal up to 13 months after MR refusal if you give a reason for not appealing within 28 days.

    A lot of people have reported on the forum that they have gone from 0 points at MR to enhanced after appeal hearing, one very recently.

    Many assessors are incompetent and/or pathological liars which is why 69% of appeals succeed.

    Disability Rights UK site has a good guide to PIP.  Try to get sone f2f help from CAB or similar, or from Welfare Rights.
  • mitukarmitukar Member Posts: 3 Listener
    thanks a lot for your comments. You guys are really helpful.  I'll bring her to CAB for launching appeal process by the week as its already 2months late. 
  • YadnadYadnad Posts: 2,856 Member
    mitukar said:
    thanks a lot for your comments. You guys are really helpful.  I'll bring her to CAB for launching appeal process by the week as its already 2months late. 
    As a warning, you may well be in for a long wait to see someone at the CAB that is if they actually do offer you an appointment. I've tried a couple of times over the years and whilst I managed to get in to register I have never had the good fortune to be called back so that the help could be given. 
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