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PIP mandatory reconsideration
- Richard
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8 years 10 months ago #161431 by Richard
Replied by Richard on topic PIP mandatory reconsideration
Hi,
I got my Reconsideration decision letter today. It’s taken 6 days to get to me. The letter is dated 15th June, yet it arrived today 21st June. It’s been send first class as well.
The DM decision has stayed the same. You were right, all they do is rubber stamp the first decision! They have ignored most of my arguments.
It states in my letter that the ‘DM cannot take into account any of the new evidence from my speech therapist or GP, because it does not address any new needs that have arisen since my claim’. The new evidence proved the HP was completely wrong. Are they allowed to dismiss evidence? This can be right!?
Also I never received a call from the DM about the decision.
As the letter took 6 days to get to me I now have less time to fill in and send my appeal forms. No forms were included within the letter. I have looked by I cant seem to find where I get the forms from?
Thanks
I got my Reconsideration decision letter today. It’s taken 6 days to get to me. The letter is dated 15th June, yet it arrived today 21st June. It’s been send first class as well.
The DM decision has stayed the same. You were right, all they do is rubber stamp the first decision! They have ignored most of my arguments.
It states in my letter that the ‘DM cannot take into account any of the new evidence from my speech therapist or GP, because it does not address any new needs that have arisen since my claim’. The new evidence proved the HP was completely wrong. Are they allowed to dismiss evidence? This can be right!?
Also I never received a call from the DM about the decision.
As the letter took 6 days to get to me I now have less time to fill in and send my appeal forms. No forms were included within the letter. I have looked by I cant seem to find where I get the forms from?
Thanks
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8 years 10 months ago #161432 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatory reconsideration
Richard
I'm afraid the DM is entitled to assign their own weight to evidence, even if it is not what a reasonable person would, success rates at appeal are far higher and are well in excess of 50%.
The DM is call is not a mandatory part of the MR process and now rarely happens.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and instructions on how to do so, you do not need to go into detail at this stage of the appeal, so it should be no problem in returning it with the month.
Gordon
I'm afraid the DM is entitled to assign their own weight to evidence, even if it is not what a reasonable person would, success rates at appeal are far higher and are well in excess of 50%.
The DM is call is not a mandatory part of the MR process and now rarely happens.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and instructions on how to do so, you do not need to go into detail at this stage of the appeal, so it should be no problem in returning it with the month.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 10 months ago #161570 by Richard
Replied by Richard on topic PIP mandatory reconsideration
Hi Gorden,
Do you know if its best to attend the hearing of my appeal, then asking for my appeal to be decided on papers?
Are there many appeals with a good outcome decided by papers appeals?
Richard
Do you know if its best to attend the hearing of my appeal, then asking for my appeal to be decided on papers?
Are there many appeals with a good outcome decided by papers appeals?
Richard
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8 years 10 months ago #161608 by Gordon
The success rate for an Oral hearing is significantly higher than that for a Paper hearing, however, if your conditions are ones that would be expected to prohibit your attending and you do, then you may significantly weaken your case.
We do regularly see Paper hearing resulting in an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatory reconsideration
Richard wrote: Hi Gorden,
Do you know if its best to attend the hearing of my appeal, then asking for my appeal to be decided on papers?
Are there many appeals with a good outcome decided by papers appeals?
Richard
The success rate for an Oral hearing is significantly higher than that for a Paper hearing, however, if your conditions are ones that would be expected to prohibit your attending and you do, then you may significantly weaken your case.
We do regularly see Paper hearing resulting in an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Richard
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8 years 8 months ago #168108 by Richard
Replied by Richard on topic PIP mandatory reconsideration
Hi Gordon,
My papering hearing was held yesterday (12th). I received a letter from the court today stating the appeal is adjourned for an oral hearing. Can they make me have a oral hearing? Why are they doing this?
The reason I asked for a papering hearing I have a bad stammer. I have a massive fear of speaking in groups. I can’t get my words out. I did explain this (also I sent in a letter from my speech therapist explaining this). Also my disability is with my legs and sometimes that just don’t work and and I was worried I would not be able to attend on the hearing day.
If I refuse an oral hearing would this really go against my case?
Thanks
My papering hearing was held yesterday (12th). I received a letter from the court today stating the appeal is adjourned for an oral hearing. Can they make me have a oral hearing? Why are they doing this?
The reason I asked for a papering hearing I have a bad stammer. I have a massive fear of speaking in groups. I can’t get my words out. I did explain this (also I sent in a letter from my speech therapist explaining this). Also my disability is with my legs and sometimes that just don’t work and and I was worried I would not be able to attend on the hearing day.
If I refuse an oral hearing would this really go against my case?
Thanks
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- Gordon
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8 years 8 months ago #168127 by Gordon
It's still up to you, you can still go ahead with the Paper hearing, but be aware, by offering an Oral hearing the panel are saying that there are aspects of your case that they would like to discuss with you so it may be to your advantage to attend. Obviously you need to balance this with any health issues that would limit or prevent you from attending.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandatory reconsideration
Richard wrote: Hi Gordon,
My papering hearing was held yesterday (12th). I received a letter from the court today stating the appeal is adjourned for an oral hearing. Can they make me have a oral hearing? Why are they doing this?
The reason I asked for a papering hearing I have a bad stammer. I have a massive fear of speaking in groups. I can’t get my words out. I did explain this (also I sent in a letter from my speech therapist explaining this). Also my disability is with my legs and sometimes that just don’t work and and I was worried I would not be able to attend on the hearing day.
If I refuse an oral hearing would this really go against my case?
Thanks
It's still up to you, you can still go ahead with the Paper hearing, but be aware, by offering an Oral hearing the panel are saying that there are aspects of your case that they would like to discuss with you so it may be to your advantage to attend. Obviously you need to balance this with any health issues that would limit or prevent you from attending.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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