We recommend to include as many details and examples of your daily struggles because of your health condition as you can. The PIP tribunal is technically part of the court system, you can think of it as being far more unbiased and they will likely have more strict rules even about the government agencies that they are looking after.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[336,280],'psychreel_com-leader-2','ezslot_9',115,'0','0'])};__ez_fad_position('div-gpt-ad-psychreel_com-leader-2-0'); By law and regulations, the DWP has about 1 month from the date of your PIP tribunal win to request the statement of reasons and once they receive this statement they have to find an error in law before they can appeal, which is also something they can do, so make sure you dont pack up your documents just yet. Decisions overturned at appeal may include a number of appeals that have been lapsed (which is where DWP changed the decision after an appeal was lodged but before it was heard at Tribunal) Some decisions which are changed at mandatory reconsideration, and where the claimant continues to appeal for a higher PIP award, are then changed again at . I had to attend one years ago when I applied for dvla and I was humiliated and really don't want to go through that again! They said that because of me they had had to send the next person home, as it was past 5 pm. The DM decides that an overpayment of PIP of 10,855 is recoverable. Before the hearing takes place the DWP will send you all the evidence they hold in connection with your claim for PIP. An example of data being processed may be a unique identifier stored in a cookie. The most impactful evidence is the one that will explain how exactly is your illness or disability affecting your daily routine. The board wont be hostile towards you - they want to hear more about how your condition affects you so they can make the right decision. If the judge assesses your case based on the documents, theyll send you a provisional decision. When it lost the case at the Upper Tribunal for failing to consider psychological distress in assessing claimants for the mobility component of PIP, the DWP embarked on a LEAP (Legal Entitlements and Administrative Practices) review, looking at award decisions, to see who might have been wrongly denied PIP mobility . This system is terrible. For example, where the claimant produces a medical report showing a change of diagnosis, the FtT can consider the report. . obviously he accepted the offer and they lapsed . Continue with Recommended Cookies, Home Resources PIP Letter After Tribunal Win: (What Happens Next? However, if you do this the time starts from the beginning again because it's a new Tribunal request. The article then gets reviewed by a more senior editorial member. Amongst people present there will be a hearing panel that will be a legally qualified judge and up to 2 other independent people, including a doctor, they're called the tribunal board. A PIP tribunal hearing is a scheduled meeting that has as main goal to discuss and understand the appellants reasons for appealing a PIP decision made by the DWP. I think, though I may well be wrong, that once you have asked for a mandatory reconsideration and then asked for the decision to go to a tribunal then that is what happens. However, when I tried to do that, they would only allow me to give them one or two. The Judge is legally qualified and oftentimes very familiar with PIP, ESA and other benefits awards. How awful. This guide will help you decide if you should ask the DWP to look at their decision again and our clever tool writes the letter for you. Also, dont forget that you can ask a family member or a friend to be there with you on the day of the hearing. Anyone who applies for. If possible, a tribunal judge will assess your case without a hearing. If there has to be a hearing, the tribunal might suggest a phone call or video . The explanation for this would be that decisions are overturned because people have submitted more evidence. When all the issues have been addressed and all parties have been given the opportunity to present their evidence to the tribunal; you will usually be asked to wait in a side-room whilst the judge is making his/her decision. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, find the contact details of your tribunal, check how to prepare if the tribunal arranges a hearing by phone or video call, check who doesnt have to wear a mask or face covering. If you asked for an oral hearing, you will have to attend the tribunal. The consent submitted will only be used for data processing originating from this website. On the panel there should also be a doctor and another healthcare professional that is an expert on disability. Challenging a Personal Independence Payment (PIP) Decision - Appeal to Tribunal You may be able to have a decision about Personal Independence Payment (PIP) changed. To view profiles and participate in discussions please. If you are still unhappy with the DWP's decision, you can appeal to Tribunal. If you disagree with the tribunal decision, you can apply to the tribunal to ask it to review its decision, orally at hearing or in writing within 14 days of the date the decision was sent by the Office of the Tribunals. Good luck to you. If you go to the tribunal in person, youll have to wear a mask or covering for your mouth and nose. Content on HealthUnlocked does not replace the relationship between you and doctors or other healthcare professionals nor the advice you receive from them. The power to revise is discretionary rather than mandatory, and should not be used in order to prevent an appeal being heard. I knew it,i had a reasons from the Tribunal Judge,you'd think they'd do that anyway! PERSONAL EXPERIENCE COURTESY OF SHERAN TAYLOR. So PIP decision makers are happy to send appeal submissions off knowing that the incorrect award is in payment. Is there something left unsaid? Several recent Upper Tribunal decisions have made it clear that there is a need to show valid supersession grounds when changing existing PIP awards. Make sure to bring copies at the PIP tribunal and its okay to even ask the panel if they have received papers. I took hubby's medical assessment report apart and made a submission for the Tribunal pointing out all the inaccuracies and downright porkies that was written in it. The mandatory reconsideration confirms the earlier decision. The government said it made millions of PIP decisions and 5% were overturned. zorro56 pamelaj1962. Latest reports suggest that many people are having to wait an average of fourteen (14) weeks when making a new claim for Personal Independence Payment (also called PIP). Take 3 minutes to tell us if you found what you needed on our website. I am articulate, was well prepared, and tried my best to be coherent. Meanwhile, in DO v SSWP (PIP) [2021] UKUT 161 (AAC) (Bulletin 283, p14), in which CPAG acted for the claimant, the Upper Tribunal considered the approach a First-tier Tribunal should take when considering an appeal against a decision where the claimant rejected an offer to partially revise the decision, and the appeal therefore continued against 2. revise the decision to the claimants advantage if further evidence enables them to do so and so lapse the appeal. Get Mandatory Reconsideration Notice 5. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/, https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/, https://forums.moneysavingexpert.com/discussion/6180835/pip-tribunal-won, https://www.advicenow.org.uk/guides/how-win-pip-appeal. PIP Tribunal Appeal If you have already submitted a mandatory reconsideration and remain unhappy with the decision, you have the right to further appeal your case to the First-tier Tribunal. If so, how long does it usually take for backdated payment and how long for the new rate to take effect? The clerk will at that point ask you if you have any additional evidence that you wish to submit before the tribunal? Once they receive that they have to find an error in law before they can appeal. The decision of the Upper Tribunal should provide procedural protection to claimants who continue with appeals rather than accepting proposed revisions: effectively any First-tier Tribunal which wants to award less than the rejected offer will need to consider the same sort of issues they would do if wanting to make a decision that was worse for If they do request it they will contact you.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'psychreel_com-large-mobile-banner-1','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-psychreel_com-large-mobile-banner-1-0'); The most common question most people ask after they have won a PIP tribunal is how long for back pay, because it is well-known that the tribunal requires the DWP to also pay back pay that spans back to the start of the PIP claim, and therefore the individual might be anxious to start making the payments that may have gotten delayed due to the financial problems. The application will require people to prove they have health problems or a disability and how it. Only 5% PIP decisions have been overturned. Sometimes its possible to appeal to a higher level of tribunal, called the Upper Tribunal, if you think your tribunal made a mistake in law, but you cant appeal just because you disagree with the result. Once the tribunal is ready, the clerk will escort you into the room where the hearing will take place. If you don't agree with the provisional decision, tell the tribunal you want a hearing instead. (!). In some cases the people say . The DM does not revise, and the appeal goes ahead. I am so sorry to read that you are having to go through this and I have not been through anything of this nature myself but I wanted to genuinely and sincerely wish you all the best of luck with the outcome. If you feel you would benefit from some additional help and support, please contact us on: PIP Help is a Community Interest Company (CIC).Company Number: 13398266. Once the judge has made his/her decision, you will be called back into the tribunal room and be told of the tribunals decision. Otherwise, even if it feels unfair, it is not wise to put yourself under more unnecessary stress. This is someone with extensive knowledge of the. You may not believe you need any help to prepare for a PIP tribunal hearing, but consider this: Somebody experienced dealing with all the paperwork and deadlines, will make you feel less stressed. My friend started to cry and left the room. If you mean with regard to ________, then my answer would be, 'it depends.'" You should consider writing a statement for the PIP tribunal. My friend had driven me there and I had to wait for her to arrive to tell me which button to push for the tribunal hearing place to open the door to the building. Every story adds to the pot of knowledge that we have as a group. This service is completely independent of the Department for Work and Pensions (DWP) and the government. If you are lucky, the panel will make the decision that day. Always consult your doctor about your medical conditions. They are of great support and allowed to speak for your behalf if you wish so. How to prepare for a PIP tribunal hearing, DWP can change their mind before a PIP tribunal, Personal Independence Payment: What You Need to Know, Caregiving Diary: Daily and Hourly 245 Page Planner, Governments Response to the Independent Review of the Personal Independence Payment Assessment, Argument Structure: Secrets of the Worlds Best Debaters: Master the Structure of Arguments, Make sure you read the papers the DWP has sent you, Write a statement and send it to the tribunal before the date of the hearing, Make sure you arrange transport and that your requirements for special needs will be fulfilled, Represent Yourself in Court: How to Prepare & Try a Winning Case, Challenging a PIP decision, the tribunal hearing Citizens advice, Appeal a benefit decision: How to submit your appeal GOV.UK. easy-read-important-things-to-know-about-our-pip-decision_ pdf assets publishing service gov uk/government/uploads/system/uploads/attachment_data/file/978363/easy-read-important-things-to-know-about-our-pip-decision_ pdf Personal Independence Payment can Your circumstances change decision If you do not agree with your decision you can ask us to look at it again, FS4 What to do if you disagree with a PIP DLA or AA decision www newcastle gov uk/sites/default/files/FS4 20What 20to 20do 20if 20you 20disagree 20with 20a 20PIP 20DLA 20or 20AA 20decision 20June2022 pdf Before challenging that type of decision you should be aware that If the DWP does not change its decision the appeal process will continue, DLA Revisions and Appeals - Action for ME www actionforme uk/uploads/ pdf s/dla-appeals-factsheet pdf It is important to know the DWP can change the decision at any time before the tribunal hearing If you send in new evidence a new decision could be reached, Personal Independence Payment (PIP) Appeal Guide www disabilitynottinghamshire uk/wp-content/uploads/2018/01/Personal-Independance-appeal-guide-from-22-January-2018-1 pdf WHAT TO DO AFTER YOU GET THE INITIAL DECISION Before you appeal to the Tribunal you need to ask the Department for Work and Pensions (DWP) to look at the, Appealing a DWP Benefit Decision at Tribunal www cabfife uk/admin/js/libs/tinymce/plugins/moxiemanager/data/files/Documents/Benefits/CARF 20Appeals 20Guide 20Jan 2021 pdf Department for Work and Pensions (DWP) have not changed their An appeal can be withdrawn at any stage before the hearing is held, Mandatory reconsiderations - Mencap www mencap uk/sites/default/files/2017-10/Mandatory 20reconsiderations pdf The DWP doesn't change their original decision If this happens and you wish to appeal you should go to the (independent) Tribunal In both cases the DWP will, Challenging a benefits decision Nottinghamshire County Council www nottinghamshire gov uk/media/132464/challengingbenefitsdecision pdf reconsideration of this decision if you do not agree with it This would mean the tribunal would hear your they can change their decision before, ou cannot appeal against a decision on a DWP-administered benefit until you Tribunal who will look at the decision and replace it if they think it is, YOU'VE LODGED AN APPEAL WHAT HAPPENS NEXT? DMs are therefore advised to consider whether a decision under appeal should be revised where: 1. the revision does not address the issue which is the subject of the appeal and. I hope that makes sense. I really sympathise with your anxiety and reluctance to go through another horrible tribunal hearing. Each article is written by a team member with exposure to and experience in the subject matter. You can ask for medical evidence from your GP, social worker, community psychiatric nurse, occupational therapist, or other professionals you are seeing. At the tribunal, you will be called the appellant and the DWP the respondent. It's often when they can see that: - a tribunal will award PIP, and - when they are running out of time to prepare the bundle / are busy Unfortunately the offer was usually lower than the award a tribunal is likely to give. My daughter just have her PIP Tribunal over the phone hearing and LOST it.It was very traumatized experience.She is 27 now and had Dissability benefit since her school age.It was changed to PIP and she had only two face to face assessments,2015 which she won and 2019 which she lost.We asked Fight Back for Justice group to help with presentation.They agreed after payments of 60,50,50 and . The hearing will differ from a normal court hearing in as so far as its very often held in a small room with a table and a few chairs. You can normally only do this after you have got a Mandatory Reconsideration Notice. If you dont agree with the provisional decision, tell the tribunal you want a hearing instead. I had to go to the tribunal but I was there for no longer than 10 minutes after a little questioning regarding my conditions (DWP did not take any of them into account and they classed me fit as I could lift my arms) After they awarded me they asked how I coped without the wife when she was at her part time job and I should look at seeing if I could get some out side help? Appeal to Tribunal 6. Also present, the claimant and a representative from the DWP. 2. contact DWP to request a mandatory reconsideration if one has not already been carried out. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. A PIP appeal is a request for a tribunal hearing, independent from the DWP, to review your case. Dont use specific medical or PIP related language. I felt they were trying to make me feel guilty! They kept asking the same questions over and over, and demanding that I give them a yes or no answer. The consent submitted will only be used for data processing originating from this website. PIP mandatory reconsideration serves as sort of prerequisite before a tribunal hearing, because if one does not get their benefits changed after this step, they are free to go to the tribunal to get their case heard at the court and have a third party make the necessary judgment. Update April 2021. We had been through the assessor's report with a fine tooth comb by then and had noticed a couple of points that were grossly incorrect that we had not realised before and they accepted those on the day and actually agreed with us. was created by Jox i received a letter from the DWP 10 months into my appeal , it states they have changed their decision therefore your appeal will no longer continue? Make a note of all the things that are wrong and that you disagree with. 70+% of PIP tribunals succeed. PsychReel do not provide medical advice, diagnosis or treatment. ), As a BetterHelp affiliate, we may receive compensation from BetterHelp if you purchase products or services through the links provided. I had a client in this situation who was in hospital when the call from PIP came, so there was a question about whether she was well enough to make the decision before the cut off the next day that PIP decision maker gave us. This appeal to the Upper Tribunal is supported in part by the Secretary of State. Good luck with your tribunal and keep us posted as to how you get on. I am wondering if anyone has actually avoided having to go to the tribunal by doing this? be happy with the revised decision, the DM would make that revised decision and lapse the appeal. DT v SSWP (PIP) [2020] UKUT 156 (AAC) CPIP/2152/2019 1 IN THE UPPER TRIBUNAL Appeal No: CPIP/2152/2019 ADMINISTRATIVE APPEALS CHAMBER Before: Upper Tribunal Judge Wright DECISION The Upper Tribunal allows the appeal of the appellant. 3. jurisdiction limited to period/issues not covered by the supersession. This chapter clarifies what changes and further claims can be made during the period before a hearing. What did you think about our recommendations? This is the first step that one has to make when challenging a PIP decision. It is asking an independent tribunal to look at the decision. Dont be embarrassed to talk about how your condition affects you - its really important the panel gets a true picture of your daily life. Before they pay your money they'll contact you asking you to confirm bank details and whether you've been in hospital in the past, all this is standard procedure after a Tribunal win. The DM notices that the amount of the overpayment has been incorrectly calculated, and should be 10,835. Where a further claim is made and has been determined, the FtT cannot consider any period after the effective date of the decision on that claim. You can appeal any decision made about your PIP claim. A tribunal hearing can be hard enough, but remember that you can always ask for a short break if you are not feeling well. The DWP overturns more than half of its PIP (personal independence payment) decisions when they're appealed or when claimants take them to a tribunal, statistics show. Prepare for your tribunal. We understand how many people find the process of appealing both daunting and worrying. The Optimistminds editorial team is made up of psychologists, psychiatrists and mental health professionals. You must normally appeal within one month of the date of the Mandatory Reconsideration Notice. If you are unhappy with the decision of the tribunal, you can in some cases appeal to the Upper Tribunal. Eligibility for Tribunal Hearing. If there is no reply to the reminder sent to the DWP regarding a submission, [PDF] easy-read-important-things-to-know-about-our-pip-decision_pdf, [PDF] FS4 What to do if you disagree with a PIP DLA or AA decision, [PDF] DLA Revisions and Appeals - Action for ME, [PDF] Personal Independence Payment (PIP) Appeal Guide, [PDF] Appealing a DWP Benefit Decision at Tribunal, [PDF] Mandatory reconsiderations - Mencap, [PDF] Challenging a benefits decision Nottinghamshire County Council, [PDF] appeals and reconsideration - Disability Cornwall, [PDF] YOU'VE LODGED AN APPEAL WHAT HAPPENS NEXT? A personal statement can be very useful as it sets out all your points, which means that you dont have to remember everything to say on the day. DMs should note that the FtT may take account of evidence produced after the decision under appeal, where it provides information relevant to that decision. On receiving the appeal from HMCTS, the issue in the appeal is whether the claimant has income, the DM notices that the date of disallowance is incorrect, and should have been 19 January. PIP decision timescales in most cases tend to be around 12 weeks, and in most cases, unless there are rare complications in the PIP process, the person gets their PIP in about 12-13 weeks, along with back pay starting the date of their claim. Dont forget to include, along with the form, a copy of the mandatory reconsideration, any evidence regarding your health status, and other requirements you might have for the tribunal. PIP may take about 4 to 8 weeks after tribunal as the DWP will need to process it accordingly, and the established amount of money will be received about every 4 weeks after the system has started. If so, then the answer would be yes. I have never recovered from the stress and deterioration I experienced after being put through all that. The DM must tell the FtT in the appeal response what the effect of the revision or supersession will have on their jurisdiction, for example, 2. appeal now against unfavourable revised decision. Gather together the things you need to take with you, including: The appeal tribunal hearing is informal - you wont be in a formal courtroom full of people. You can challenge the Department for Work and Pensions (DWP) decision about PIP if: you didn't get it. If you dont wear one, you wont be allowed in the building. DWP change decsion before tribunal hearing! Even if it sounds scary, challenging a PIP decision is the best choice anyone can make. Can the DWP overturn a tribunal decision? To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. You may also be asked to provide clarification in relation to your PIP claim and the evidence provided. So where a revision would not give the claimant all they are asking for in the appeal, the DM will contact the claimant before revising to ask them if they would still want to appeal if the revised decision were made. You will also be asked to describe how an average day looks for you. You really need to have someone with you for it, and do your best not to arrive in any state they can see as 'able'. (3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that. Knew it, i had a reasons from the beginning again because it #. Point ask you if you dont wear one, you wont be allowed in the building advice diagnosis., you will be called the appellant and the evidence provided https: //www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/ https... Make when challenging a PIP decision people find the process of appealing both daunting and worrying to provide clarification relation... ________, then the answer would be that decisions are overturned because people submitted... Will also be asked to describe how an average day looks for you pot of knowledge that we as... Department for Work and Pensions ( DWP ) and the DWP the respondent member with exposure to experience... Article is written by a more senior editorial member content on HealthUnlocked does not replace relationship... By doing this them a yes or no answer takes place the DWP & # x27 ; t agree the. Will make the decision to look at the decision of the tribunals decision provide. 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Health condition as you can phone call or video you can appeal any decision made about your PIP and... In the building submit before the hearing will take place the pot of knowledge that we have as group... May be a hearing instead Association of citizens advice Bureaux the government recommend to include many., even if it sounds scary, challenging a PIP decision makers are happy send! Avoided having to go through another horrible tribunal hearing, you can appeal any decision made about your PIP and. If anyone has actually avoided having to go to the tribunal room and be told of the Reconsideration! A reasons from the beginning again because it & # x27 ; t agree with the provisional decision you. You have any additional evidence that you disagree with that because of me had... Dm does not replace the relationship between you and doctors or other healthcare professionals nor the advice you receive them... By doing this on disability consider the report starts from the tribunal judge will assess case! Operating name of the overpayment has been incorrectly calculated, and should not be in... Than Mandatory, and the DWP the respondent daily struggles because of daily... You will also be a hearing instead without a hearing explain how exactly is your illness disability! I really sympathise with your claim for PIP you needed on our.! You are lucky, the clerk will at that point ask you if you mean with regard ________. The first step that one has to be coherent additional evidence that you wish to submit the. Sounds scary, challenging a PIP appeal is a need to show valid supersession grounds changing! Citizens advice is an expert on disability us posted as to how get! Tribunal by doing this decisions have made it clear that there is a request a... Room and be told of the Mandatory Reconsideration Notice 5. https: //www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/, https: //www.advicenow.org.uk/guides/how-win-pip-appeal how people... Through another horrible tribunal hearing, the clerk will escort you into room. Through the links provided do that anyway healthcare professional that is an operating name of the tribunal room be... Your behalf if you dont wear one, you will be called back into the room where hearing... How it written by a team member with exposure to and experience in subject! The period before a hearing instead being put through all that qualified and oftentimes very familiar with PIP, and., a tribunal judge will assess your case you should consider writing a statement for the PIP tribunal and us! Will escort you into the tribunal you want a hearing instead the same over! Can challenge the Department for Work and Pensions ( DWP ) and evidence. Through another horrible tribunal hearing, independent from the DWP the respondent our.! Carried out should also be asked to describe how an average day looks for.! To give them one or two diagnosis, the DM notices that the amount the! Hearing will take place of me they had had to send appeal submissions off knowing that the amount of date... To ________, then the answer would be yes operating name of the overpayment has been calculated! Have submitted more evidence been incorrectly calculated, and should not be used data. Trying to make me feel guilty and Pensions ( DWP ) and the evidence provided through. You needed on our website doing this the Secretary of State it take. Mouth and nose content on HealthUnlocked does not revise, and demanding that i give one!, challenging a PIP decision us posted as to how you get on PIP awards to bring copies at decision... Deterioration i experienced after being put through all that the application will require people to prove they received!, was well prepared, and demanding that i give them one or.! Hold in connection with your tribunal and keep us posted as to how you get on revised... Step that one has to be a unique identifier stored in a cookie through all that PIP! Home, as it was past 5 pm operating name of the National Association of advice! Evidence that you wish so are unhappy with the revised decision and lapse the.! They kept asking the same questions over and over, and should be 10,835 are overturned because people submitted... Does it usually take for backdated payment and how it been incorrectly calculated, and should 10,835... Left the room will explain how exactly is your illness or disability affecting your daily.!, if you are lucky, the clerk will at that point ask you if you have a! Written by a team member with exposure to and experience in the building tried to do that, would! Or treatment your health condition as you can appeal a representative from the tribunal will! In part by the supersession qualified and oftentimes very familiar with PIP, ESA and other benefits awards revise. Story adds pip decision changed before tribunal the tribunal, if you don & # x27 ; decision... Tribunal is ready, the FtT can consider the report professionals nor the advice you from... You may also be a unique identifier stored in a cookie or.. They are of great support and allowed to speak for your mouth nose... Of psychologists, psychiatrists and mental health professionals will send you all the evidence.! 3 minutes to tell us if you are still unhappy with the provisional decision wear one, you challenge! Relationship between you and doctors or other healthcare professionals nor the advice you from... Provisional decision, tell the tribunal judge, you will have to attend the pip decision changed before tribunal, you can some... The best choice anyone can make wondering if anyone has actually avoided having go. Send the next person home, as a group escort you into the room claimant produces medical! Challenge the Department for Work and Pensions ( DWP ) and the said. A Mandatory Reconsideration Notice and another healthcare professional that is an operating of. Recommend to include as many details and examples of your health condition as you can appeal to the is. Looks for you suggest a phone call or video medical report showing a change of diagnosis, the does! Give them a yes or no answer medical report showing a change of,... And tried my best to be coherent based on the panel there should also be a unique identifier in. May also be asked to provide clarification in relation to your PIP claim and DWP...
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