PIP MR waiting period

Johnny wrote: Based on the evidence I supplied DWP and being denied a face to face, I have been in touch with solicitors and taken up a Civil Advice Discrimination Query with the possibility of them taking action against DWP. I am considering informing DWP and Appeals office of this as I'm not bluffing.

Although I have not yet started the action is here a possibility the appeal will stall if I mention my
Civil Advice Discrimination Query to DWP and Appeals?

Any claim for discrimination would be separate from your appeal, there's nothing stopping you mentioning it as part of your papers, but I would be very surprised if they have any interest, their role is to determine whether you meet the criteria for an award or not.

Gordon

Johnny wrote: Cheers Gordon

Everyone I've had correspondence with, those who have experience of the PIP journey, have all expressed dismay that given the medical evidence I didn't have a face to face.

I'm fully aware it happens, but even if I had little evidence to go on, It seems obvious a face to face is relevant. I'm not playing a guessing game as to what has gone on, but It seems that I have been simply been unlucky in having my claim end up with a DM who is hell bent on ignoring my situation.

Your not having an assessment is undoubtedly important and certainly has the potential to diminish the DWP's position, however in itself, it in no way means that you are entitled to award, that is why we always advise members that their starting position for an MR or appeal is to show that they meet the criteria and then show why the assessment report is wrong.

Paper based assessments tend to fall into two camps, an award is justified as the claimant has shown that they clearly meet the criteria or no award should be made because they have failed to show that they meet the criteria.

In the case of the latter this does not mean that they don't deserve an award, it could simply be that they have done a really bad job of explaining their problems, they have misunderstood the criteria or failed to show that they meet all of the elements for a particular Descriptor.

Gordon