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PIP assessment report received before decision
- Jonathan
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10 years 5 months ago - 10 years 5 months ago #126955 by Jonathan
PIP assessment report received before decision was created by Jonathan
Hi,
Today I received a copy of the "Consultation report form - PA4 V3" even though I haven't received a decision yet on my claim. Reading through the report, the HCP has recommended 21 points for daily living and 16 for mobility, for 4 years. Ironically, I used the guides on this site to fill in my form and I obtained extra evidence from my GP, hospital consultants etc, yet the box on page 1 listing "all evidence considered" states that the supplied information had been lost and was not accessible via PIPCS, so the report was based entirely on the outcome of the face to face interview! Luckily I was prepared for the face to face interview by reading the excellent guide on this website.
Obviously I know DWP don't have to agree with the HCP, so I'm trying not to get ahead of myself, but I think it would be unlikely that they would disagree to such an extent to not award any rate of the daily living component, at the very least.
Firstly I would like to thank B&W for the guidance, and even if the information in the PIP2 was written in vain, it did help to prepare me for the face to face interview, and what to expect, so thanks! My question, although I'm not sure if you will be able to answer, is this:
I still have an ongoing DLA appeal (I was awarded LRC, LRM but feel I should be entitled to at least MRC and HRM), so my carer was never entitled to CA. Now, assuming I am awarded the daily living component of PIP, my carer should be able to claim CA. However, if I win the DLA tribunal (I have been told that I have a very strong case), my carer could apply for CA to be backdated to the start of the DLA claim in 2012. Would claiming CA now (well, after I receive the formal decision notice) based on this PIP award preclude any potential backpayment of CA from the date of my original DLA claim in 2012 if I win the tribunal?
Thanks!
Today I received a copy of the "Consultation report form - PA4 V3" even though I haven't received a decision yet on my claim. Reading through the report, the HCP has recommended 21 points for daily living and 16 for mobility, for 4 years. Ironically, I used the guides on this site to fill in my form and I obtained extra evidence from my GP, hospital consultants etc, yet the box on page 1 listing "all evidence considered" states that the supplied information had been lost and was not accessible via PIPCS, so the report was based entirely on the outcome of the face to face interview! Luckily I was prepared for the face to face interview by reading the excellent guide on this website.
Obviously I know DWP don't have to agree with the HCP, so I'm trying not to get ahead of myself, but I think it would be unlikely that they would disagree to such an extent to not award any rate of the daily living component, at the very least.
Firstly I would like to thank B&W for the guidance, and even if the information in the PIP2 was written in vain, it did help to prepare me for the face to face interview, and what to expect, so thanks! My question, although I'm not sure if you will be able to answer, is this:
I still have an ongoing DLA appeal (I was awarded LRC, LRM but feel I should be entitled to at least MRC and HRM), so my carer was never entitled to CA. Now, assuming I am awarded the daily living component of PIP, my carer should be able to claim CA. However, if I win the DLA tribunal (I have been told that I have a very strong case), my carer could apply for CA to be backdated to the start of the DLA claim in 2012. Would claiming CA now (well, after I receive the formal decision notice) based on this PIP award preclude any potential backpayment of CA from the date of my original DLA claim in 2012 if I win the tribunal?
Thanks!
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #126979 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessment report received before decision
Jonathan
It is possible to back date a new CA claim to the start of a qualifying Care award; DLA MRC or HRC, AA, or PIP Daily Living, providing that you make the claim for CA within one month of the award, it may be longer but I wouldn't take the chance, obviously the carer has to be able to show that they were giving the 35hr/week care during the time in question, if asked.
Your problem is that you will actually have two back dating requirements and I cannot say for certain that they will both be accepted.
First, assuming your PIP goes through then you will want to back date the CA for that award, when and if you win your DLA then there will be a further requirement to back date it to when that applies from.
If you leave the PIP to wait for the DLA, then you will likely lose the right to backdate the PIP and will be wholly reliant on the DLA backdating being accepted.
Given that I cannot state for certain I would recommend you try and get face to face advice from a trained advisor, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
It is possible to back date a new CA claim to the start of a qualifying Care award; DLA MRC or HRC, AA, or PIP Daily Living, providing that you make the claim for CA within one month of the award, it may be longer but I wouldn't take the chance, obviously the carer has to be able to show that they were giving the 35hr/week care during the time in question, if asked.
Your problem is that you will actually have two back dating requirements and I cannot say for certain that they will both be accepted.
First, assuming your PIP goes through then you will want to back date the CA for that award, when and if you win your DLA then there will be a further requirement to back date it to when that applies from.
If you leave the PIP to wait for the DLA, then you will likely lose the right to backdate the PIP and will be wholly reliant on the DLA backdating being accepted.
Given that I cannot state for certain I would recommend you try and get face to face advice from a trained advisor, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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