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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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I have a PIP assessment on Wednesday, any advice?


Teej75
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It's not your ability to put one foot in front of the other. It's if you're told by a friend to meet them at a certain place, can you plan the journey and get there safely? IE, I can write down the instructions on how to get to a specified place. But I almost always get lost. Certain directions will always confuse me. (ie, you can't tell me to turn left and then tell me to turn right)

 

This is where I will fail.

 

I do not go out anywhere alone, and really rarely go anywhere, however.

 

On the odd occasion I will go to the shop with my mum in her car, the local shop, 4 streets away. I do not go into the shop, just wait in the car whilst she is gone a few minutes. I told the assessor this, however. She then said to me, if you are in the car with your mum, can you direct her to these shops, and I said yes, because I can. But this is when she is with me.

 

From this it will be told that I can plan a journey and follow directions.

 

The way its worded is terrible, and when the letter comes I already know what it will say, and I will appeal it.

 

I sadly have no doubt what the outcome of my assessment will be, just gotta wait for it to come.

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This is where I will fail.

 

I do not go out anywhere alone, and really rarely go anywhere, however.

 

On the odd occasion I will go to the shop with my mum in her car, the local shop, 4 streets away. I do not go into the shop, just wait in the car whilst she is gone a few minutes. I told the assessor this, however. She then said to me, if you are in the car with your mum, can you direct her to these shops, and I said yes, because I can. But this is when she is with me.

 

From this it will be told that I can plan a journey and follow directions.

 

The way its worded is terrible, and when the letter comes I already know what it will say, and I will appeal it.

 

I sadly have no doubt what the outcome of my assessment will be, just gotta wait for it to come.

 

To get PIP, you need help at least 50% of the time. I have the odd day where you can give me a map, tell me we're here and tell me we need to get to this place. My case is a tad more complex and there is the safety side of things to consider to.

 

Any help you need had to be reasonable.

 

To the OP - you should also request (I don't know the name of the form) the scorng sheet thing they use to score you / the medical report.

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It's not your ability to put one foot in front of the other. It's if you're told by a friend to meet them at a certain place, can you plan the journey and get there safely? IE, I can write down the instructions on how to get to a specified place. But I almost always get lost. Certain directions will always confuse me. (ie, you can't tell me to turn left and then tell me to turn right)

 

Right. No not a bad day, i don't go anywhere and that's what i told them and if someone asked me to meet them somewhere that day i'd have to say no. It's a bit unclear that though, i thought the point of the mobility component was to help with transport. If you can't plan a route and get there safely how could you drive a car? :|

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This really is the problem with these assessments , they have hidden triggers. It is always worth appealing . Do you have a copy of your application and the scoring criteria?

I would be putting together a letter pinpointing where you believe the errors were made and why , this needs to be done quickly , I am not sure of the timescale.

 

I am waiting on my outcome, I had my visit on Thursday 5th March so hopefully I will hear in the next few days

 

Thanks. I thought of writing a letter but wondered if i should also get support letters. I'll have to call welfare rights and see what they say, they took my form to send but can't remember if they sent me a copy. By scoring criteria you mean descriptors or the score sheet Nystagmite mentions? I'll have to request that.

 

It may be that i'm not entitled so i need to get things clear before going any further. I'll post if i have any more questions.

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I asked for a reconsideration on my failed PIP medical and I won I went from 0 points to 18 and have been awarded until 2019.

I answered some questions over the phone and sent a further letter of evidence.

 

A letter you wrote or one from your GP/Doctor? Thanks.

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To get PIP, you need help at least 50% of the time. I have the odd day where you can give me a map, tell me we're here and tell me we need to get to this place. My case is a tad more complex and there is the safety side of things to consider to.

 

Any help you need had to be reasonable.

 

To the OP - you should also request (I don't know the name of the form) the scorng sheet thing they use to score you / the medical report.

 

Request before applying for reconsideration? The safety side is also a issue, i won't travel anywhere unfamiliar on my own. I don't think i did a great job during the assessment but i'm pretty sure i said i don't go out most days, only when i'm well enough and because i have no choice.

 

Thanks!

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Request before applying for reconsideration? The safety side is also a issue, i won't travel anywhere unfamiliar on my own. I don't think i did a great job during the assessment but i'm pretty sure i said i don't go out most days, only when i'm well enough and because i have no choice.

 

Thanks!

 

As I mentioned, the help you need is reaosnable. Is it reasonable to suggest that, if you had a friend with you, you could go out?

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From my CPN - oddly it was almost like the one I had taken to my PIP medical, but it was obviously not paid much attention to.

When sent to the DWP it was acted upon.

 

Thanks. The assessor took a copy my CFS assessment, i assume to send to the DWP. Not sure what's going to be better than that!

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As I mentioned, the help you need is reaosnable. Is it reasonable to suggest that, if you had a friend with you, you could go out?

 

Thanks. On bad days it's not reasonable for me to go out at all unless they are taking my by car there and back so i think that's a yes.

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Thanks. The assessor took a copy my CFS assessment, i assume to send to the DWP. Not sure what's going to be better than that!

My assesor refused to take anything from me on data protection grounds. I

Any opinion I give is from personal experience .

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My assesor refused to take anything from me on data protection grounds. I

 

 

I waited 14 months for my PIP medical. I had a photocopy of my doctor's note (which the DWP had lost) and a list of my 12 meds listed on the back of an envelope - the latter was mostly for my own reference.

 

 

The nurse took the photocopied doctor's note but refused to take the envelope because it didn't have my name and NINO on it.

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:Teej75:

 

:frusty: Activity 11 for a personal independence payment has been a pain since it was drafted (badly) and two revisions of the guidance haven't helped. But Disability n Carers guidance is their policy, it doesn't change the law.

 

The descriptors for personal independence are every bit as harsh as those for employment n support, and I'm in no way trying to diminish your difficulties. But if you read pages 115 - 118 of the document below you may understand the concern I expressed in #13.

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Some points for you to think about;

 

You can plan and follow some journeys. Do you have more days than not when you can't get to wherever you want to go? Try to work out why you can't get there. What happens when you can't get to a work focused interview?

 

Does fatigue/mental confusion prevent you from looking at a bus/train timetable? Or can you plan a journey, but just not quite get there cos of fatigue/mental issues?

 

Apparently you managed to get to Atos without prompting and without being too distressed to find the right building. Was the taxi a regular one, or was it a volunteer service from which you could expect a little extra help?

 

The report from your consultation at Atos is a PA4. Should be yours for a phone call to the number on your disallowance notice. But Disability n Carers haven't quite got used to the idea yet, so you may have to send a written request via recorded delivery.

 

Best wishes, Margaret. :panda:

 

 

 

 

 

 

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:fletch70:

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Page 31 may be an excellent introduction to your request for mandatory reconsideration. :-)

 

And possibly, page 114 might help with the budgeting, or lack of it. Especially if your sister can do a statement with chapter and verse of the help she gives you.

 

As Disability n Carers are very good at 'lost' phone calls, I'd suggest written confirmation of your request via recorded delivery.

 

Best wishes, Margaret. :panda:

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:Teej75:

 

:frusty: Activity 11 for a personal independence payment has been a pain since it was drafted (badly) and two revisions of the guidance haven't helped. But Disability n Carers guidance is their policy, it doesn't change the law.

 

The descriptors for personal independence are every bit as harsh as those for employment n support, and I'm in no way trying to diminish your difficulties. But if you read pages 115 - 118 of the document below you may understand the concern I expressed in #13.

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Some points for you to think about;

 

You can plan and follow some journeys. Do you have more days than not when you can't get to wherever you want to go? Try to work out why you can't get there. What happens when you can't get to a work focused interview?

 

Does fatigue/mental confusion prevent you from looking at a bus/train timetable? Or can you plan a journey, but just not quite get there cos of fatigue/mental issues?

 

Apparently you managed to get to Atos without prompting and without being too distressed to find the right building. Was the taxi a regular one, or was it a volunteer service from which you could expect a little extra help?

 

The report from your consultation at Atos is a PA4. Should be yours for a phone call to the number on your disallowance notice. But Disability n Carers haven't quite got used to the idea yet, so you may have to send a written request via recorded delivery.

 

Best wishes, Margaret. :panda:

 

 

 

 

 

 

 

Thanks Margaret!

 

I offered the HP support letters when i started the consultation but she refused; should she have taken them?

 

Yes i have more days than not when i can't go out, in fact going out and doing physical activity makes me worse and it can take several days to recover, during those days i won't go out at all, my memory, focus and concentration is impeded.

 

I got there but couldn't find the building, got dropped off in the wrong place and spent about 10 minutes looking for it, i was relying on the taxi driver to find it and i was panicking, nearly went home but found it with a lady who had an assessment there.

 

I'll call and ask for the PA4 and anything else on Monday. I can get support letters saying i need transport to hospital appointments and help getting to assessments and have done for several years, they should show that i can't make unfamiliar journeys cause of fatigue, i can't travel far on my own and like i say on a bad day i don't go out i'll just make myself worse and prone to dizzy spells akin to panic attacks, this is why i need the PIP so i can do more, i'm severely limited in what i can do. So yeah i'm pretty sure i need to apply for a reconsideration.

 

And thanks, appreciate you taking the time to reply. :)

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