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PIP Appeal Withdrawal?
- Dottie
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4 years 6 months ago #252660 by Dottie
PIP Appeal Withdrawal? was created by Dottie
I just received my appeal packet from DWP with their response.
They appear to be skirting over the same issues and have only replied to two of the issues, these being the only ones that could make them look good.
They still continue to ignore my medication and have not acknowledged the supporting evidence I have sent in.
They've also given me a copy of my PIP application from 2018 (this application was a shot in the dark and I didn't continue with it because I was newly diagnosed and didn't think I'd get it even if I did an MR) which seems weird, and have taken information from my UC assessment from before my PIP application despite my condition having worsened since this.
If it helps, I have Chronic Migraine, MADD, BPD and Hearing Loss. Migraine is progressively getting worse, and has been since the main trigger in 2018, as is my hearing loss. MADD & BPD, as with most MH conditions, vary but I struggle greatly with my symptoms of BPD and usually have a persistently low mood underlying my 'mood swings'.
Despite me clarifying things for them over and over again they keep reverting to the smallest details from my initial application and sticking with them. It feels like they think this is all new information and changing circumstances and seem pretty cocky in their response. Maybe I'm just reading into that a little bit.
But could I, in theory, withdraw my appeal and enter a new application, filling it out with more detail (as when I filled it out I was still figuring some of my symptoms out and getting referrals to different places - I've also had some medication changes) and give them the supporting evidence I've just received? Will they use this current application to make their decision or will they take what's said in a new one?
Thanks in advance, any advice is appreciated!
They appear to be skirting over the same issues and have only replied to two of the issues, these being the only ones that could make them look good.
They still continue to ignore my medication and have not acknowledged the supporting evidence I have sent in.
They've also given me a copy of my PIP application from 2018 (this application was a shot in the dark and I didn't continue with it because I was newly diagnosed and didn't think I'd get it even if I did an MR) which seems weird, and have taken information from my UC assessment from before my PIP application despite my condition having worsened since this.
If it helps, I have Chronic Migraine, MADD, BPD and Hearing Loss. Migraine is progressively getting worse, and has been since the main trigger in 2018, as is my hearing loss. MADD & BPD, as with most MH conditions, vary but I struggle greatly with my symptoms of BPD and usually have a persistently low mood underlying my 'mood swings'.
Despite me clarifying things for them over and over again they keep reverting to the smallest details from my initial application and sticking with them. It feels like they think this is all new information and changing circumstances and seem pretty cocky in their response. Maybe I'm just reading into that a little bit.
But could I, in theory, withdraw my appeal and enter a new application, filling it out with more detail (as when I filled it out I was still figuring some of my symptoms out and getting referrals to different places - I've also had some medication changes) and give them the supporting evidence I've just received? Will they use this current application to make their decision or will they take what's said in a new one?
Thanks in advance, any advice is appreciated!
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- Gordon
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4 years 6 months ago #252671 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Withdrawal?
Dottie
It's not clear from your post what Decision you are appealing, one from 2018 or a later one but the panel hearing your appeal can only consider your conditions and limitations as they were on the date that Decision was made.
So, if there has been a deterioration in your conditions this can only be considered through your either reporting a Change of Circumstances if you have a current award, or a new claim if you do not.
You do not have to cancel the appeal if you report a Change or make a new claim but the new Decision that will result will limit any award that you might receive from your appeal.
So it is up to you whether you close the appeal or not.
Gordon
It's not clear from your post what Decision you are appealing, one from 2018 or a later one but the panel hearing your appeal can only consider your conditions and limitations as they were on the date that Decision was made.
So, if there has been a deterioration in your conditions this can only be considered through your either reporting a Change of Circumstances if you have a current award, or a new claim if you do not.
You do not have to cancel the appeal if you report a Change or make a new claim but the new Decision that will result will limit any award that you might receive from your appeal.
So it is up to you whether you close the appeal or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dottie
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4 years 6 months ago #252677 by Dottie
Replied by Dottie on topic PIP Appeal Withdrawal?
Thank you for the reply!
I didn't realise I wouldn't necessarily have to withdraw the appeal.
The application I'm appealing is from 21st February this year. However in the appeal pack DWP have sent they have included an old application from 2018 which seems very odd to me. This also led me to wonder whether in a new application they would use the current one from February to make their decision.
My migraine does seem to be getting very slowly, but progressively worse and I am on continuously changing medication to deal with this however my depression stays fairly consistent, and I've seen no changes in BPD symptoms, with only changes in medication and treatment to combat previously failed treatment for depression. If migraine were to keep getting progressively worse and I did get an award in the future would I have to keep updating them of my condition and go through medical assessments periodically? This is something I haven't seen much information for, or I've missed entirely!
Thanks again
I didn't realise I wouldn't necessarily have to withdraw the appeal.
The application I'm appealing is from 21st February this year. However in the appeal pack DWP have sent they have included an old application from 2018 which seems very odd to me. This also led me to wonder whether in a new application they would use the current one from February to make their decision.
My migraine does seem to be getting very slowly, but progressively worse and I am on continuously changing medication to deal with this however my depression stays fairly consistent, and I've seen no changes in BPD symptoms, with only changes in medication and treatment to combat previously failed treatment for depression. If migraine were to keep getting progressively worse and I did get an award in the future would I have to keep updating them of my condition and go through medical assessments periodically? This is something I haven't seen much information for, or I've missed entirely!
Thanks again
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- Gordon
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4 years 6 months ago #252679 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Withdrawal?
Dottie
The DWP submission has to include all of the documents used in the making of the Decision, so the DM must have looked at this 2018 form.
I don't know what limitations you have stated that you have but I would certainly question whether a claim form from 2018 has any relevance to a claim in 2020.
All PIP Awards will be looked at on a regular basis, if you receive an award and your conditions improve or they deteriorate such that you would reasonably expect to receive a higher award then you need to report a Change of Circumstances, this will result in a new PIP2 and a full reassessment of your claim.
Gordon
The DWP submission has to include all of the documents used in the making of the Decision, so the DM must have looked at this 2018 form.
I don't know what limitations you have stated that you have but I would certainly question whether a claim form from 2018 has any relevance to a claim in 2020.
All PIP Awards will be looked at on a regular basis, if you receive an award and your conditions improve or they deteriorate such that you would reasonably expect to receive a higher award then you need to report a Change of Circumstances, this will result in a new PIP2 and a full reassessment of your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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