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TOPIC: MPs help or lack of as I await TRIBUNAL for PIPS

MPs help or lack of as I await TRIBUNAL for PIPS 2 weeks 2 days ago #174142

Today I got a letter from Court to say my Pips Appeal had been accepted and felt quite overjoyed as I had also sent in an extra 2 pages of evidence to hit the DWP with.

Had contacted my MP and asked her to intervene and encourage the DWP to look at the extra evidence so they could correct their failures not to get this right first time as required to by government guidelines.

My main requests for help knowing they cannot interfere with a legal process were :

1/ The DWP should look at the decision again as they have so far failed 3 times, this was their 4th
chance to put it right. Also 2 pages of new medical evidence were presented supporting the case.
Therefore could she ask them to look at it again so I am not forced to have to go to appeal.

2/ Told the MP I had sent medical evidence to show a drawn out process such as an appeal would have a detrimental effect on my health by my psychiatrist and warned them it could lead to a mental health crisis. THIS HAS NOW HAPPENED AS HAD TOTAL BREAKDOWN when my benefits were reduced by £7000 a year when I failed to get PIPS.

3/ The DWP is forcing me to go to an appeal simply to drag out the process as long as possible as well as starve me by me loosing £7000 a year and they have been notified by professionals of this. Therefore can you not get them to now look at it so I don't have to go to appeal and they
rectify their previous wrong decisions.

MP...........No direct response to letter about DWP mistakes.

Then TODAY got an email from the MPs office from a Case Worker who had contacted the DWP who told them they were aware I was appealing and said the DWP had written to me saying it will
now go to appeal.

???????

Why should we be subjected to this disgraceful procedure and whilst I will go to an appeal and having had legal opinion from a Solicitor who prepared the appeal, am disgusted that peoples health is put at risk during this process as it creates uncertainty and even medical professionals
opinions are ignored by the DWP.

MAYBE THEY ARE HOPING PEOPLE Do not attend..........HELL WILL FREEZE OVER and all that.

I would have thought an MP could do more than this. Am checking out the reply with other MPs I already spoken to who are speaking out about how the system is not fit for purpose. They encouraged me to write to mine in the hope they will realise that Ken Loaches Film, I Daniel Blake is the reality and not the exception.

Once I win my appeal I want my solicitors to sue the DWP to put me back into the situation I was in before this process began and the suffering , also legal costs.

UPSET ANGRY TONIGHT !
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MPs help or lack of as I await TRIBUNAL for PIPS 2 weeks 2 days ago #174146

  • Gordon
  • OFFLINE
  • Forum Moderator
Cipolar

1. The DWP are under no obligation to revise the Decision unless the new evidence that you have presented to them warrants an award, all I can assume is that they do not believe that this is the case. To be clear this does not mean that a Tribunal will agree with them.

2. It's terrible that this issue has had such a severe impact on your health, you could ask your MP to see if the TS will entertain an early hearing, but beyond this there is little that they can, you also need to be aware that the Tribunal panel cannot take into account the deterioration in your condition that has occurred since the Decision was originally made.

3 . I'm sorry but the DWP are simply following the process defined in law. An award can only be made if it is accepted that you meet the legal criteria for one and clearly the DWP do not believe this to be the case at this time.

Cipolar, there is clearly a gap between the DWP view of your limitations and your own, even if you do not agree with the DWP's view my best advice is you look at this issue and think about how you can bridge the divide, it's possible that a Tribunal panel will be able to do this for you, but it is in your interest to narrow that gap wherever you can to make it easier for them to do this.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Cipolar

MPs help or lack of as I await TRIBUNAL for PIPS 2 weeks 2 days ago #174152

Thank You for your detailed reply Gordon

I am definitely going to follow your advice, though I believe I already have enough evidence as the evidence details each question by my mental health team. This is addressing the prescript ors.

HOWEVER I will do what you said, I have not yet used any medical evidence from my GP so thought the BEST TACTIC was to wait until the DWP send me their response they will be using in the tribunal.

THEN I WILL PLUG ANY GAPS THEY ARE ARGUING.

I am focused on proving details, hence the mental health report.

The DWP have tried to argue with a letter from my psychiatrist but its all hot air, no discussion of prescript ors they want to avoid that, so they must realiseI am entitled to it or why not engage with the prescript ors rather than saying I DONT WANT TO TALK ABOUT THAT ANYMORE which is what a DM put in writing in regard to me questioning their justification for justifying how I could suddenly walk so far with heart disease from a 3 metre walk in my flat.

Gordon I will calm down and take on board your advice and will ensure that I get further evidence from my GP to plug any gaps when I get their reply theory are submitting to the tribunal. Not sure if thats sent from them to me or tribunal to me. But can then PLUG ANY HOLES.

Thankyou for help advice support.
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MPs help or lack of as I await TRIBUNAL for PIPS 1 week 6 days ago #174212

  • Gordon
  • OFFLINE
  • Forum Moderator
Cipolar

You should certainly wait until you receive the DWP bundle so that you can make detailed submission to the Tribunal, but remember this is not just about evidence, you must explain why you cannot reliably, on the majority of days complete the PI activities.

Some of you evidence may cover some of the activities in detail, some may cover then in part, but I would still expect you to have areas where there is no evidence to support your limitations. IN all cases you need to explain the problems you have with the activities and why.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Cipolar
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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