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Type: Posts; User: Flymo

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  1. Replies
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    My response was nothing to do with vikstar's...

    My response was nothing to do with vikstar's dispute with what I said. I don't seek to defend that comment - I concede to his argument and withdraw it. I hoped my refusal to defend the comment showed...
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    This is not the first time you've told me I don't...

    This is not the first time you've told me I don't live up to your standards.

    I could answer the remainder of your questions, but I'm not sure there's any point. I'm not a professional advisor -...
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    Mike's answer is a helpful reminder that you have...

    Mike's answer is a helpful reminder that you have a choice.


    There's two key things to remember.

    A tribunal remakes the original decision, so cannot consider deterioration after the date of...
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    I've just posted an outline of the relevant law....

    I've just posted an outline of the relevant law.

    If you intend taking it to court, you need to send the retailer a Letter before Claim - you can probably find various templates online. If the...
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    This is a very outline answer - let me know if...

    This is a very outline answer - let me know if you need more detail.


    The same failure twice in the first few weeks of use indicates the product is not fit for the implied purpose of supporting...
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    I suspect many of the calls made at DWP's...

    I suspect many of the calls made at DWP's instigation simply resulted in the claimant ranting about how unfair the decision was, rather than a useful conversation about the merits of the claimant's...
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    Please read the sections of the sticky PIP thread...

    Please read the sections of the sticky PIP thread on reconsideration and maximising points, following the appropriate links (which are coloured text). This should help explain things.


    Your aim...
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    It's really very disappointing if good quality...

    And DLA as well, but saying that, from my own and the other cases I've been involved in locally and then the resulting Tribunal Decisions (all successful) it does seem to be something of an area...
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    I don't have your decision letters (original and...

    I don't have your decision letters (original and reconsidered) in front of me, so I can only make general comments. You will have to weigh what I'm about to be said in the light of the arguments you...
  10. Thread: Esa3 Form

    by Flymo
    Replies
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    3,669

    Send the form back now, dating it as the date of...

    Send the form back now, dating it as the date of your signature. You can always add an explanation next to the date of reassessment (which is the date your boyfriend moves in) that this is the date...
  11. Have your medication and proof of identity to...

    Have your medication and proof of identity to hand, as the assessor will want to see them. It might be worth looking over a copy of your form if you have one, though time is running short for that...
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    Your task at reconsideration or appeal is to put...

    Your task at reconsideration or appeal is to put forward the case as to why you qualify for benefit. This should be done by explaining why the conclusions in each disputed area are in error, backing...
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    I know it might be difficult for you, but could...

    I know it might be difficult for you, but could you not post in all capitals in the future. It makes your posts difficult to read - I had to put your post into a word processor and change it to...
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    aman123 has previously posted that DWP have...

    aman123 has previously posted that DWP have applied for the Statement of Reasons following the First-tier Tribunal hearing. EDP cannot be awarded on the basis of PIP unless enhanced rate Daily Living...
  15. Thread: carers allowance

    by Flymo
    Replies
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    2,902

    If you have been awarded the PIP Daily Living...

    If you have been awarded the PIP Daily Living component and you and your husband are the only two people in the house, the best option would be for you to close your Carer's claim and for your...
  16. That makes me happier, too, Sandy - it sounds...

    That makes me happier, too, Sandy - it sounds like a small but important step forwards.

    I'm not sure your cat will agree that this is a good thing, however!
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    It's difficult to say, as the time taken depends...

    It's difficult to say, as the time taken depends on so many factors.


    I trust that the form arrived at DWP on or before the last day of your expiring DLA award. If it did not, it will be treated...
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    In that case, I suggest you dispose of any car...

    In that case, I suggest you dispose of any car you have and, while you're at it, return your driving licence with a letter requesting its revocation.


    There are lawful reasons why members of the...
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    Your mother is ineligible. You cannot make a...

    Your mother is ineligible.

    You cannot make a first time claim for a Mobility component when over State Pension age. Even if she was under State Pension age, her place in a care home at public...
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    Congratulations on the PIP award. The...

    Congratulations on the PIP award.


    The backdating rule for Carer's Allowance is often misunderstood.

    The rule is that if Carer's Allowance is claimed within three months of the disabled person...
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    As usual, Jard's advice is spot on. In case...

    As usual, Jard's advice is spot on.


    In case it helps, here's clickable versions of the links.

    ESA214 - the guide to the ESA assessment on gov.uk

    Disability Rights UK's ESA overview...
  22. Thread: Pip medical

    by Flymo
    Replies
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    5,334

    It is the contents of the assessment report and...

    It is the contents of the assessment report and the other evidence DWP has that will be used to make the decision, not whether a face to face assessment took place.

    All you can really say is that...
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    I think a diary would be really powerful in...

    I think a diary would be really powerful in illustrating the reality of your husband's needs. You should include examples of him being a little more independent, but also the sort of distressing...
  24. PIP has much more rigid guidance for assessors...

    PIP has much more rigid guidance for assessors than existed for DLA EMPs.

    Historically DLA EMPs worked directly for DWP (they used to be BAMS - Benefit Agency Medical Services). More recently,...
  25. If your daughter moves in with you and you have...

    If your daughter moves in with you and you have sufficient space to accommodate her and the baby, the baby is then housed safely and any housing priority would be lost.


    The council only has any...
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