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DWP will NOT look at New Evidence !

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7 years 4 months ago #178867 by Chris77
Replied by Chris77 on topic DWP will NOT look at New Evidence !
Gordon you said that to me before and I followed your advice you gave me which was to go and get more evidence to make it easy for them to change their minds.

So I did that and went from 0 points and 8 points to 11 points and 16 points, they have not implemented it because they know i have told them i entitled to high of both and it would lapse the appeal, they gave that in their info to the court.

SO I looked and agreed with their new figures with the exception of question 3 where my medical evidence did not mention the amount of hours in the prescript ors and they awarded me 1 point.

Now I have a full page of information expanding the point and mentioning the hours needed which is 1 hour per day. This gives me 4 points. BUT how do they know that i do not meet the criteria if they will NOT LOOK AT THE MORE EXPANDED evidence that this case can be awarded and closed and stop wasting tax payers money.

Remember it was their opinion that I am entitled to 0 and 0 points, that was their opinion.

I am just going to go through again the information he sent with the llnk as the case bro quotes seems to be nearly exactly like mine.

Cipolar

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7 years 4 months ago #178964 by Chris77
Replied by Chris77 on topic DWP will NOT look at New Evidence !
Gordon Tonight I am considering my options available and need to clarify one option you mentioned and wanted to be 100% certain of my options before speaking to my MPs office tomorrow so know what my options are.

Firstly I want clarify that the award the DWP made after the second MR on my claim (yes I got 2 as evidence crossed dates they said) was made of LOW for mobility. This is £87 a month.
I am receiving this money now when changed from DLA to PIPS.

The APPEAL now is against this decision as I believe I have met the criteria for high of both.
Because I am already appealing, if I accepted the Low & High payment and got my money started again. IS THE OPTION OF APPEALING the low for looking after myself in the new decision still on the table. Do I have to tell them if I accept the low and high I am going to
then ask for a MR so the new evidence on question 3 be looked at and if not success got to appeal.

Its a big decision which only I can make, also I still believe I am right and if they looked at the evidence now would probably get the points. I am only thinking of this to try and get the money flowing again.

Also I would need to be sure that I can get the severe disability premium with a low and high score as I had that before with DLA.

Sorry to keep pestering you but I am trying to bring this to a head. If I know this information, it will help me consider my options after speaking to MPs office tomorrow.

One more thing I have asked the court for a more urgent hearing because of the bad effect the process is having on my health. That was 2 months ago, when I spoke to them yesterday they said thats still with a circuit judge and no decision has come back yet. So that also remains a possibility of an earlier hearing, though I think we have passed the early post a long time ago.

Thankyou for your patience

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7 years 4 months ago #178989 by Gordon
Replied by Gordon on topic DWP will NOT look at New Evidence !
Cipolar

I am going to be pedantic given the nature of your decision.

You have not received an award from the DWP following your second MR, they made you an offer of an award for the Standard rate of Daily Living (there is no low rate).

If they have followed their own guidance on this (I realise that they do not have a track record of this), then the offer was dependant on you not stating that you intended to pursue the matter to Tribunal. You did say this and so the offer, whilst documented should have been withdrawn for this specific reason.

It may be that this has not happened, but you will need confirmation from the DWP that this is the case and will likely need to state that you are happy to lapse the current appeal as a result. This does not remove any right of appeal that you would have on the new award.

Payment of the Severe Disability Premium in your ESA is dependant on you having a PIP Daily Living award, either the Standard or Enhanced rate will enable this. This is different from DLA where only the Medium and Higher Rate Care enabled the Premium, this is one of the reasons I am correcting your use of "Low" in regard to the Standard rate.

A Mobility award or not is not relevant to payment of SDP.

As an aside, I expect you will have to re-apply for the payment of the SDP by completing a new IS10 form.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris77

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7 years 4 months ago #179033 by Chris77
Replied by Chris77 on topic DWP will NOT look at New Evidence !
Gordon

I received a letter from the court refusing an urgent hearing because the DWP has changed its mind following further evidence and awarded 11 and 14 points.

Therefore they are urging both parties to try and resolve the matter.

My MPs office confirmed they will not look at the evidence before the appeal.

Having decided to check the deal is available and accept it, i notice that its only for 2 years. When they awarded me 0 points it was 4 years. Is 2 years a standard amount.
I thought I may ask if they would consider it for 4 years.

I want to make a decision today.

Its now the amount of time the deal is for thats now an issue

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7 years 4 months ago #179047 by Gordon
Replied by Gordon on topic DWP will NOT look at New Evidence !
Cipolar

You lose nothing by asking for a longer award but be aware I am not aware of anybody who has increased the award length on challenge.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #179053 by Chris77
Replied by Chris77 on topic DWP will NOT look at New Evidence !
OK thank you Gordon

I am awaiting a phone call from a case manager to ring me and some of the details I wanted to clarify with them so I know the exact deal I am agreeing to. Since I added the last message, have checking with the court and it is an additional 13 weeks from today to a date as the court I have chosen happens to have a long wait. Just pot luck I suppose.

Thank You

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