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PIP Mandatory Reconsideration Result (update)
- Jon
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10 years 6 months ago #126304 by Jon
Replied by Jon on topic PIP Mandatory Reconsideration Result (update)
Hi Gordon,
1. On receiving the claimant's appeal pack from the HMCTS, I believe it is virtually a given that the DWP will assess the decision again before making their submission. If I am correct, will any evidence submitted as part of the appeal request be considered in this reassessment, or only information existing from the MR/original claim?
2. While both myself and my relative agree that an oral appeal would be the best option, this raises a query which seems to return conflicting answers: Consider that a claimant has stated that due to MH issues they are generally unable to engage with persons other than their immediate family, and on the occasional times they must engage-- important medical appointment for example -- they are unable to do so without experiencing severe anxiety. Would an appearance at a tribunal/domicilliary hearing act to discredit this statement, or would this be covered under the banner of 'safely/repeatedly/to an acceptable standard'?
Jon
1. On receiving the claimant's appeal pack from the HMCTS, I believe it is virtually a given that the DWP will assess the decision again before making their submission. If I am correct, will any evidence submitted as part of the appeal request be considered in this reassessment, or only information existing from the MR/original claim?
2. While both myself and my relative agree that an oral appeal would be the best option, this raises a query which seems to return conflicting answers: Consider that a claimant has stated that due to MH issues they are generally unable to engage with persons other than their immediate family, and on the occasional times they must engage-- important medical appointment for example -- they are unable to do so without experiencing severe anxiety. Would an appearance at a tribunal/domicilliary hearing act to discredit this statement, or would this be covered under the banner of 'safely/repeatedly/to an acceptable standard'?
Jon
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10 years 6 months ago #126308 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory Reconsideration Result (update)
Jon
1. The DWP have a duty to consider any new evidence that is submitted during the appeal process and there are certainly cases where this has resulted in the DWP making a higher award, but they are most likely to look at the details of the appeal in the week before the hearing and the chances of then making a new Decision are quite low unless the new evidence is significant, rather than a re-presenting of what has been submitted before.
2. The panel will make assumptions if your relative attends a hearing it may be possible to correct these through their assumption and the support they have on the day. You can also make a request for a domiciliary hearing, they are almost never granted, but the request itself may help. You can also use the statistic that paper hearings are only 25% as successful as an oral hearing.
Gordon
1. The DWP have a duty to consider any new evidence that is submitted during the appeal process and there are certainly cases where this has resulted in the DWP making a higher award, but they are most likely to look at the details of the appeal in the week before the hearing and the chances of then making a new Decision are quite low unless the new evidence is significant, rather than a re-presenting of what has been submitted before.
2. The panel will make assumptions if your relative attends a hearing it may be possible to correct these through their assumption and the support they have on the day. You can also make a request for a domiciliary hearing, they are almost never granted, but the request itself may help. You can also use the statistic that paper hearings are only 25% as successful as an oral hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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