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Quick decision for PIP renewal: but zero points

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7 years 6 months ago #170822 by ivyfox
I supported a friend with severe anxiety and depression to his PIP renewal F2F assessment on 28 September 2016.

Yesterday (13 October) he received the Decision Letter dated 7 October (why do they take so long to arrive?) stating he was awarded zero points.

He is in pieces and I am trying to help and support him.

For the record, I made sure all available supporting documentation less than 2 years old accompanied the renewal form as its states, along with his previous PIP award letter granting him Higher Living rate and without a F2F.

Given the postal delay, there remains only 3 weeks to submit a letter requesting MR.

Question: Is it possible to make more than one SAR?

I am thinking if at this stage only the PIP medical form PA4 is requested, there's a slender chance it may arrive in time to construct a reasoned argument against the DM's findings which omitted the help and prompting from other people, as well as 'reliably, reasonably, regularly' etc.

His DWP records will contain potentially very supportive ESA documents, but these are more than two years old. At that time, the ESA assessor was so concerned about his mental state that she declared she would make the WCA as brief as possible and then send an urgent fax to his doctor recommending assessment and treatment.

Thank in advance for feedback, and all the best to everyone out there struggling to fight when you're down. I'm just starting to take in that I now have a PIP award after 15 months of stress.

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7 years 6 months ago #170830 by Gordon
Ivyfox

It shouldn't be necessary to issue a SAR for the assessment report, your friend should be able to request a copy from the DWP office that dealt with her claim either by phoning or writing, it normally takes 7-10 days to arrive.

They will need to issue a SAR for the ESA documents as these are likely to be in offsite storage if they still exist, the DWP routinely destroy old documents, but I would not expect too much of these reports, given their age, that they are for ESA and the fact that they deal with mental health issues, I would not expect them to carry much weight, even at a Tribunal and certainly not for an MR. They really need up to date statement about these issues.

Gordon

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7 years 1 week ago #187003 by ivyfox
I helped my friend to apply for MR, but it had to be done without the PA4 as it didn't arrive in time.

As I expected, it was rejected with 0 points.

Since then, I helped him to lodge an appeal to PIP Tribunal which was acknowledged in December 2016. His mental health has deteriorated further, due to housing issues. When a Hearing date was given, he asked me to write a letter asking for a 'paper hearing' on the grounds that appearing in person would be severely detrimental to his already fragile mental health. I wrote and enclosed a witness statement, explaining how his illness affects him.

I know - from my own experience - that a Tribunal Decision is made at or very shortly after an oral hearing. Does anyone know how soon he might expect a Decision after a 'paper hearing' please?

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7 years 1 week ago #187023 by Gordon
ivyfox

Paper hearings are heard when there are holes in the panel's schedule, so there is no way to predict when this might happen, however, they are typically heard quicker than an Oral hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #198318 by ivyfox
Update: WIN!

At the paper hearing in early April, the Tribunal's Decision was to adjourn requesting further medical evidence, namely release of medical records for last 2 years, and those of local assistance organisation.

It took two requests for replacement Consent Forms before my friend received one (I'd drafted a Pro Forma one in the meantime for fear of breaching the 28 day limit to sign and return).

In May, my friend had a double appointment with his doctor. As usual, I supported him and spoke when he asked me to explain his daily life. The doctor was very sympathetic and itemised the prompting and help needed with daily activities.

My friend's mental health deteriorated further, with the applicationof non-dependent deductions by the Council and consequent rent arrears (his daughter is a young adult who works under a zero-hours agreement).

In mid-August a notification of a new Hearing date was received for the end of August. I drafted a letter for my friend, enclosing a partial copy of his medical record showing he was on suicide watch, and again asking for a paper Hearing 'as attending in person would be extremely detrimental to his already fragile mental health' (or similar).

Early last month the Tribunal's Decision was to reinstate Enhanced Daily Living. giving the same points and backdating to 2013, until 2019. I imagine this is to underline to the DWP there was no change in his condition. Very fortunately, the DWP chose to accept the Decision and implement payment.

I cannot find my bookmarks, but I would like to pay particular thanks to the two forum posters with MH issues who gave details of their own successful paper appeals. My friend (and I) clung on to your success stories to keep going under this appalling stress. Yes, the success rate at appeal is lower - around 25% - but IT CAN BE DONE!

Thanks as ever to all at Benefits and Work, especially the moderators.
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6 years 6 months ago #198348 by Gordon
ivyfox


Very pleased for your friend and well done for fighting her quarter.

Gordon

tags: @RESULT @PIP @APPEAL

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