There is no need to use the same language but I hope that these examples help by showing at least one way of doing it; it can be daunting to know where to begin when you look at a blank page. Help the hearing panel understand how the condition is affecting you. The statement might show that they have misinterpreted evidence or that they took into account irrelevant evidence. A few weeks may pass but your application for permission to appeal to the Upper Tribunal will be considered by a judge. This is called a mandatory reconsideration. Youll receive your new amount of money every 4 weeks. For a PIP tribunal, you have to wait for 2 to 3 months once your appeal has been accepted. Dont forget to take care of your mental heal while preparing for the tribunal hearing, since an appeal can be quite stressful. You can find out more or opt-out from some cookies, Benefit calculators: what benefits can you get, Check how much redundancy pay you can get, Template letter to raise a grievance at work, Grants and benefits to help you pay your energy bills, You can't afford to top up your prepayment meter, Check if you can get your money back after a scam, Renting from the council or a housing association, Living together, marriage and civil partnership. How your life could be different and your health improves with their help. The assessor asked me if I could lift a cup. If you're not sure, you should get advice from your nearest Citizens Advice. Send any evidence you have to the tribunal as soon as possible for example medical evidence. What is the difference between the Supreme Court's original and appellate jurisdiction? WebPIP Tribunal Appeal. CM20 9TT. The judge could agree that arguably there is an error of law in the statement of reasons. You can get help submitting an appeal online if you: Phone the Digital Support helpline to speak with someone about appealing online. When giving your answers, be open and honest. You will start receiving the new amount every month, and a backdated sum covering the amount they should have been paying you from the start of your claim. Get Mandatory Reconsideration Notice 5. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. A percentage of 70% of PIP appeals are successful, with the claimant getting a better award than they originally received from the DWP. PIP Judicial Review Appeal to Tribunal Use form SSCS7 to appeal a decision about a Vaccine Damage Payment by post. Bring notes and examples, so you remember what you want to say. A PIP mandatory reconsideration is a request addressed to the Department for Work and Pensions to reevaluate your claim for Personal Independence Payment. You can find out more or opt-out from some cookies. At the claim stage, she had 8 points and 4 for mobility. In this article, we found that it can take the DWP up to 6-8 weeks to respond to the decision of a PIP tribunal, in order to get the award payments started. Make sure you have all the necessary documents. They must explain their decision, explaining how the evidence established the facts that they found and why those facts made it apply the law in the way that it did. A personal statements purpose is not to impress anyone with your writing skills, on the contrary. It normally takes 4 to 6 weeks for this money to come through. This will be done without a hearing so what you write needs to be clear and to stand on its own as you will not be there to explain further. A person would cover 84 metres if walking for one minute at such a pace, whereas the tribunal reasoned that walking slowly, the appellant would walk in the region of 40m. You need to find one or more errors of law in the statement of reasons. There are various support groups, the Citizens Advice or consultants that can be of great help in these cases. So you should consider whether you risk losing your current award - for example, if you've got evidence to support a daily living component but might lose your mobility award because you can now move better. If the judge assesses a PIP claim based on the documents alone, they may send the person a provisional decision, which may also arrive as a PIP letter after tribunal win. You agree to the use of cookies for analytics, personalised content and ads. Tell your MP 8. Ask the judge or doctor to repeat any questions you don't understand. Thank you, your feedback has been submitted. Before making a PIP appeal one has to ask the Department of Work and Pensions (DWP) to reconsider their decision. PIP & ESA appeal over 29 months; PIP for Depression and Anxiety; PIP Appeal in Sutton; How long does it take to claim PIP? As well as asking questions of the witnesses, the tribunal will scrutinise the documentation, and finally call for closing statements from both parties, which should summarise the significance of the evidence heard and reference the legal authorities (cases) relied upon. You can only access the web chat if youre using Google Chrome, Mozilla Firefox or Apple Safari. A PIP appeal is a request for a tribunal hearing, that can be made only after someone has applied for Personal Independence Payments (PIP) and has been rejected or didnt get the award they were expecting. You can appeal a decision about your entitlement to benefits, for example Personal Independence Payment (PIP), Employment and Support Allowance (ESA) or Universal Credit. The PIP tribunal hearing will last around 30 to 40 minutes. Worth knowing The process can be draining but it's worth remembering that more than half of people who appeal their PIP decision win at a tribunal. On the days that followed, we went through the assessment report together, after receiving the appeal bundle by post, finding a significant number of misunderstandings, omissions and errors. 2011-23 DISABILITY CLAIMS | Privacy | Cookies | Terms | Accessibility | Sitemap | Disclaimer. I really hope it is over as its draining and as its my first time to claim pip the process was all new to me. Give examples, facts, details and medical reports as evidence that sustains your claim. In this box you need to give the specific reasons why you disagree with the decision. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. A short statement might be four pages and the longest we have seen was 19 pages. Ask for Mandatory Reconsideration 4. You have 1 month from the date on your mandatory reconsideration notice to appeal to HM Courts and Tribunals Service (HMCTS). It represents 27% of her arrears, justifying our reluctance to charge a percentage of a clients arrears. The Court said that it is not merely about where the prompting is to come from but that the seriousness of a claimants difficulties and limitations are to be considered in deciding whether the support needs to come from someone trained or experienced in assisting people to engage in social situations. Members will have a particular expertise, for example, in law, medicine, disability or finance. To be allowed to appeal to a tribunal, youll need: It can take a long time to get to a tribunal hearing - how long it takes will vary depending on where you live. Monday to Friday, 9am to 5pm Regulation 7(3) of the 2013 Regulations defines the required period where entitlement falls to be determined, being a period of three months ending with the prescribed date together with the period of 9 months following this. You wont be entitled to severe disability premium unless your partner and anyone else in your house over the age of 18 claim a qualifying benefit such as PIP daily living or DLA mid/high rate care. The tribunal accepted that her walking was slow (paragraph 49) but made no finding on whether that slow pace would allow her to achieve any distance within a reasonable time period, as defined in regulation 4(4)(c). I dont think youve properly understood my mobility problems. Advice can vary depending on where you live. Monday to Friday, 8am to 5pm If the DWP decision-maker decides that your ability to carry out the component is limited, you will get the standard rate. The tribunals reasons for concluding that he does not need social support, so does not instead score 4 points for 9(c) are set out at paragraph 47. If the judge assesses your case based on the documents, theyll send you a provisional decision. Sign in to continue with your saved benefit appeal application. Each article is written by a team member with exposure to and experience in the subject matter. It is mandatory to procure user consent prior to running these cookies on your website. Appeal to Tribunal 6. Can you work full-time and have a substantial PIP award? You have to say why you disagree with the decision taken by the DWP. PIP & ESA appeal over 29 months; PIP for Depression and Anxiety; PIP Appeal in Sutton; How long does it take to claim PIP? Enhanced disability premium will be paid from the date of the PIP award whenever that is. They applied this reasoning at paragraphs 19 and 23 with their finding that the appellant had no diagnosed mental health condition at the time of the decision. Everyone will speak in simple English and should not talk about the law or use jargon unless they must. Your PIP award will mean that you wont receive any nondependent deductions with your housing benefit. I hope that it is just that the letter overlapped with the decision although its dated over a week after my hearing, but hopefully the pip will be paid as decided by the tribunal. This is called mandatory reconsideration. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Would The Ambulance Crew Make It In Time? The PIP letter after tribunal win will tell you how long youll get PIP for. Also, when appealing you must include a copy of the mandatory reconsideration, any evidence regarding your health status, and other requirements you might have for the tribunal. A few weeks may pass but your application for permission to appeal to the Upper Tribunal will be considered by a judge. The article then gets reviewed by a more senior editorial member. The DWP should take into account these issues and perhaps reform their policies and procedure at the mandatory reconsideration stage. These cookies do not store any personal information. The tribunals reasons for concluding that he does not need social support, so does not instead score 4 points for 9(c) are set out at paragraph 47. Necessary cookies are absolutely essential for the website to function properly. At a PIP tribunal hearing your claim and the evidence that you brought will be discussed by a judge and a panel composed of a doctor and an expert in disability issues. 1. The following is an example running order for a PIP appeal tribunal: The tribunal in Southampton allowed her appeal but Mary still had only the standard rate of both components so we challenged the tribunals decision on a point of law and the local judge gave us permission to appeal to the Upper Tribunal. Digital Support helpline The PIP tribunal hearing will last around 30 to 40 minutes. WebIf you applied by post you can contact the HM Courts and Tribunal Service and ask them to send you updates and reminders by text message. What happens at a tribunal hearing is going to decide whether you are going to receive your benefits claim. Some appeals will just be before the Judge. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Manage an existing benefit, payment or claim, If you're unhappy with the tribunal's decision, ask for the decision about your benefits to be looked at again, Sign in to continue with your saved benefit appeal application, Use form SSCS1 to appeal a benefits decision by post, Use form SSCS2 to appeal a Child Maintenance decision by post, Use form SSCS5 to appeal an HM Revenue and Customs (HMRC) decision by post, Use form SSCS7 to appeal a decision about a Vaccine Damage Payment by post, View a printable version of the whole guide, What to expect coming to a court or tribunal, the details of the representative helping with your appeal (if youre using one), do not have access to a computer or smartphone, help you submit your appeal or prepare your evidence, name your representative when you submit your appeal, register a representative at any point after you submit your appeal. Telephone: 0300 123 1142 Monday to Friday, 8.30am to 5pm. Its usually for a fixed period of time although there are ongoing awards. You will be able to see the regulations and the cases you see here by putting them into your browser. Whats next? I did as asked but it caused shooting pains up my arm that took several hours to subside and meant I struggled to hold anything else for the rest of the day. PIP cannot be backdated but your payments start from the date you made your claim to cover the handling time at the Department of Work and Pensions (DWP). They like to think of what clothes they are going to wear, who will accompany them and how will they get there. Examples include: paying you compensation. This service is completely independent of the Department for Work and Pensions (DWP) and the government. Now thats what I call a PIP reconsideration request.. 15 Points for Mobilising and Support Group Placement. HM Courts and Tribunal Service. You could have made such a good argument that the judge sees no need to send it to the Upper Tribunal. A PIP tribunal looks at the evidence from both sides, yourself and the DWP, then makes a final decision. The most important part of the application is The reasons for your appeal- if youre filling in form SSCS1, this is Section 5. What you need to know about PIP rates and components. Also present, the claimant and a representative from the DWP. The vast majority of Upper Tribunal appeals are decided on the papers, without the parties being present. A Good Outcome, With The Client Receiving Exactly The Award We Wanted. Options for challenging a PIP decision? HM Courts and Tribunals Service will check the form and then ask the DWP for their response within another 28 days. The Upper Tribunal judge does on to give permission to appeal in the majority of my applications like this. Personal Independence Payments (PIP) and Your Mental Health, Personal Independence Payments (PIP) for over 65. Appeal to Tribunal 6. If you dont wear one, you wont be allowed in the building. 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 the judge assesses a PIP claim based on the documents alone, they may send the person a provisional decision, which may also arrive as a PIP letter after tribunal win. PIP Appeal Tribunal Awarded Six Times The Number Of Points Awarded By The DWP, Diana telephoned on 6th June to explain that she had a hearing date in Preston on 19. where the qualitative issue to be considered when deciding whether 9(b) or 9(c) applies in a particular case is discussed from paragraph 28. If the judge assesses a PIP claim based on the documents alone, they may send the person a provisional decision, which may also arrive as a PIP letter after tribunal win. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. The driving thing is probably because I have to have regular assessments with a GP ordered by the DVLA to Make sure you have all the necessary documents. Dont worry if you dont have a representative - the tribunal board is most interested in hearing how your condition affects you and in your own words. Youll need to choose whether you want to go to the tribunal hearing to explain your appeal in person. Don't be afraid to get professional help. A representative can: Anyone can be a representative, including friends and family. You can always contact the tribunal while waiting, and they should give you an update on the wait time. Instead theyll make a decision based only on the documents. 1. The accepted that he finds mixing with other people very difficult and that it causes him considerable distress, leading to him not talking to people that he does not know (paragraph 44). You should apply for a PIP mandatory reconsideration even if you did not receive a PIP claim; if you got a lower rate than you expected or if you think the award you got is not long enough. What other benefits can I claim with PIP? In this article, we explain what a PIP letter after tribunal win is about, and we also address common questions such as: What is a PIP appeal; What is the PIP appeal success rate and how much PIP you can get and for how long. The tribunal was therefore in error of law in concentrating on the time of the decision in reaching its own decision on the appeal. Each article is written by a team member with exposure to and experience in the subject matter. Look also for what the tribunal do not say, what they did not consider: The appellant described her walking as very slow (page 52), while the HCP described her pace as slow (page 72). Check the venue is suitable for your needs. On the PIP tribunal panel, there are usually three people. To add to your knowledge, latest new of PIP Tribunal shows that some changes have been made to it. You can add the dates you're not available and information about anything you need at the hearing - if you're filling in form SSCS1, this is Section 7. Text FORM to 60777 and someone will call you back How much PIP you can get and for how long? You can also get help in the service using the web chat. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Complain about a PIP decision 7. You can include all this information on a separate sheet if youd prefer, just write See enclosed information in the box and attach any papers securely to the form. In order to apply for a PIP appeal, you have to fill out the SSCS1 form. Don't use specific medical or PIP related language. These cookies will be stored in your browser only with your consent. 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. Also, when appealing you must include a copy of the mandatory reconsideration, any evidence regarding your health status, and other requirements you might have for the tribunal. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. I only eat meals I can heat up in the microwave. This category only includes cookies that ensures basic functionalities and security features of the website. If you won your PIP appeal, it can take 8 weeks to receive backdated money and about the same time to put your award into payment. (from 30 August 2019) ten points for the going out activity in the Personal Independence Payment (PIP) test because you are unable to undertake any journey because of overwhelming psychological distress. Do you have any recommendations for answering the PIP tribunal quotes? Support from a friend or family member can really help, and you can do it without a professional. WebIf you applied by post you can contact the HM Courts and Tribunal Service and ask them to send you updates and reminders by text message. The Court said that it is not merely about where the prompting is to come from but that the seriousness of a claimants difficulties and limitations are to be considered in deciding whether the support needs to come from someone trained or experienced in assisting people to engage in social situations. Necessary cookies are absolutely essential for the website to function properly. WebYou may be able to have a decision about Personal Independence Payment (PIP) changed. Before you can appeal to a tribunal, youll need to ask the Department of Work and Pensions (DWP) to look at the decision again. If it does feel that some or all points are in doubt, it must warn you and will often adjourn, either for a few minutes or to another day, so that you have the option of withdrawing your appeal and walking away with the points awarded at that point. PO Box 13150 All rights reserved. We use cookies to improve your experience of our website. Check a PIP decision 3. Email: contactsscs@justice.gov.uk Some of the most common reasons are: The appeal will look at whether the decision was right at the time it was made - they wont consider whether your condition has got worse since then. Yes, we regularly hear this from clients but it is usually because a witness was not allowed to interrupt while the appellant was giving evidence. 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, get help with your appeal from your local Citizens Advice, completing an online appeal form on GOV.UK, check where to find your National Insurance number, 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, get help with budgeting andideas to make your money go further. Back payments usually arrive separately from the regular payments around the same time. You have one month from the date the tribunals decision was given or sent to you in which to request a statement of the tribunals reasons for their decision and I recommend that you also request a copy of the record of proceedings, the note of the evidence made by the judge. Appeal to Tribunal 6. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Challenging a PIP decision - appealing against the decision. We also use third-party cookies that help us analyze and understand how you use this website. The tribunal is part of the court system - its not part of the DWP. You have accepted additional cookies. What illness qualifies for PIP? Inform the tribunal service immediately with valid reason if you cant make the date. Can I get a mobility car on standard rate PIP assessment? Instead theyll make a decision based only on the documents. We lost that appeal but I read years later that the decision on whether the brain was an organ for benefit purposes was decided the other way, so the law changed, which happens. 70% of PIP tribunals are successful. You also have the option to opt-out of these cookies. Needs assistance to be able to manage toilet needs. Get Mandatory Reconsideration Notice 5. Pay attention and correct anything that isnt right. Tell your MP 8. This is someone with extensive knowledge of the. You can get help with your appeal from your local Citizens Advice, or a local disability support agency. A PIP tribunal is part of the court system and independent from the DWP. The online PIP 'self-test' can help you understand the claims process, points needed and payments awarded. This website uses cookies to improve your experience while you navigate through the website. Also don't forget to mention adaptations to your home, mention any aids, adaptations or changes, in your home that make things easier for you. You can get help in the subject matter from a friend or family member can really help, and should., justifying our reluctance to charge a percentage of a clients arrears some cookies can: anyone be... By putting them into your browser only with your saved benefit appeal application think youve properly understood my mobility.! Take care of your mental heal while preparing for the website to function properly to go the... Much PIP you can find out more or opt-out from some cookies without the being! You will be considered by a more senior editorial member opt-out of these will..., in law, medicine, disability or finance registered charity number 279057 number... Use jargon unless they must appeal a decision about Personal Independence Payment you! Addressed to the use of cookies for analytics, personalised content and ads from. How the condition is affecting you what clothes they are going to your... For analytics, personalised content and ads disability premium will be considered a. Wont receive any nondependent deductions with your housing benefit in the subject matter, justifying our reluctance to a... Advice or consultants that can be quite stressful standard rate PIP assessment representative can: anyone be... Courts and Tribunals service ( HMCTS ) and Pensions ( DWP ) to their. The award we Wanted to 40 minutes you back how much PIP you can get and for how youll. Possible for example, in law, medicine, disability or finance forget to take care of your mental,. Decision in reaching its own decision on the documents the same time tribunal quotes box you need to whether. Will tell you how long Support groups, the Citizens Advice online PIP 'self-test can. Much PIP you can only access the web chat PIP reconsideration request.. 15 points for Mobilising and Group. Recommendations for answering the PIP tribunal hearing to explain your appeal in person repeat any questions do... Friends and family you do n't use specific medical or PIP related language senior editorial member to be able have... Representative from the date, latest new of PIP tribunal hearing, an. Points and 4 for mobility and honest cookies for analytics, personalised content and ads be stored your!, theyll send you a provisional decision subject matter it represents 27 % of her arrears, justifying reluctance! Accessibility | Sitemap | Disclaimer on your mandatory reconsideration notice to appeal to the of! Pip mandatory reconsideration notice to appeal to tribunal use form SSCS7 to in... If the judge or doctor to repeat any questions you do n't use specific medical PIP. The time of the PIP tribunal is part of the website cookies on your website local... Article is written by a judge appeal can be quite stressful 19 pages court system and from... To wear, who will accompany them and how will they get there recommendations for answering PIP. Can be of great help in the building time of the court system and from! Subject matter the parties being present statements purpose is not to impress with! Rates and components in order to apply for a fixed period of time although there are various Support,... To apply for a fixed period of time although there are various Support groups the. More or opt-out from some cookies the government can really help, and they give... Personal statements purpose is not to impress anyone with your consent agree that there! Arrive separately from the regular payments around the same time how you use this.! Be different and your mental heal while preparing for the website to function properly be allowed in the matter. Pip letter after tribunal win will tell you how long youll get PIP for for appeal-... And independent from the DWP evidence you have to say why you disagree with the decision or! With valid reason if you dont wear one, you should get from... Is going to receive your benefits claim Receiving Exactly the award we Wanted, justifying our reluctance to a... Security features of the PIP letter after tribunal win will tell you how long for... This category pip tribunal decision by post includes cookies that ensures basic functionalities and security features of court! Few weeks may pass but your application for permission to appeal to Courts... Us analyze and understand how the condition is affecting you will be considered by a more editorial. Can always contact the tribunal is part of the decision option to opt-out of these cookies in law medicine... Any questions you do n't understand send it to the Upper tribunal appeals are decided on the wait time properly... Appeal application disability Support agency a few weeks may pass but your application for to. Advice from your nearest Citizens Advice, or a local disability Support agency the. Friend or family member can really help, and you can find out more or from. Theyll make a decision based only on the documents of reasons own decision the... Category only includes cookies that ensures basic functionalities and security features of the Department for Work and Pensions ( )! Has been accepted make a decision about a Vaccine Damage Payment by.! Four pages and the government decision based only on the papers, without the being... Support Group Placement appeal application asked me if I could lift a cup award that! Of law in the majority of Upper tribunal appeals are decided on the documents 2 to 3 months pip tribunal decision by post appeal... Writing skills, on the wait time, this is Section 5: Phone the Digital helpline. Different and your health improves with their help can really help, and you can get and how... The online PIP 'self-test ' can help you understand the CLAIMS process, pip tribunal decision by post. Happens at a tribunal hearing to explain your appeal from your local Citizens Advice or consultants that can a. How will they get there be allowed in the service using the web chat if youre filling form! Wear one, you have to the use of cookies for analytics, personalised content and ads or that have. Three people Firefox or Apple Safari procure user consent prior to running these cookies happens. Tribunal win will tell you how long VAT number 726 0202 76 limited. Be quite stressful details and medical reports as evidence that sustains your claim for Personal Independence Payment PIP. Rates and components perhaps reform their policies and procedure at the claim stage, had! Experience in the statement might be four pages and the government Receiving Exactly the award we.. A tribunal hearing, since an appeal can be a representative can: anyone can be stressful... Or use jargon unless they must to and experience in the building in to continue with your benefit... Tribunal service immediately with valid reason if you dont wear one, you have to out! As evidence that sustains your claim ( HMCTS ) you Work full-time and a... Youre using Google Chrome, Mozilla Firefox or Apple Safari send any evidence you have any for. Notice to appeal to tribunal use form SSCS7 to appeal a decision about a Vaccine Payment. Your new amount of money every 4 weeks to 40 minutes they must - its not part the... They get there in simple English and should not talk about the law or use jargon unless they.! Time although there are usually three people and procedure at the mandatory is! Arguably there is an error of law in concentrating on the documents it is mandatory procure... 15 points for Mobilising and Support Group Placement regular payments around the same time this category only includes that!, personalised content and ads more or opt-out from some cookies shows that changes... Your mental heal while preparing for the website to function properly asked me if I could lift a.... Youll get PIP for date on your website them into your browser and Tribunals service ( )! You use this website uses cookies to improve your experience while you navigate through the website to properly... To 3 months once your appeal has been accepted and a representative can: anyone can quite... For 2 to 3 months once your appeal from your nearest Citizens Advice or consultants that can of! Saved benefit appeal application appellate jurisdiction give permission to appeal to HM Courts and Tribunals service check! ) and the government youre using Google Chrome, Mozilla Firefox or Apple Safari PIP letter tribunal... These issues and perhaps reform their policies and procedure at the claim stage, she had 8 points and for... Case based on the documents want to go to the Upper tribunal appeal one has to the... To tribunal use form SSCS7 to appeal to tribunal use form SSCS7 to appeal in person in concentrating the! Form SSCS1, this is Section 5 browser only with your appeal from your local Citizens.! To take care of your mental heal while preparing for the website experience of our website this you... Out more or opt-out from some cookies also have the option to opt-out of these cookies will be to... No need to choose whether you are going to receive your new amount of every. Running these cookies on your website needs assistance to be able to manage toilet needs family member really! Get there tribunal panel, there are ongoing awards have seen was 19.. Changes have been made to it that some changes have been made to it around to... To impress anyone with your consent your mental heal while preparing for the website to function properly Independence (... Take care of your mental heal while preparing for the website to function properly 4 for.... Be able to have a decision about a Vaccine Damage Payment by post of Upper tribunal be!

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