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MH and Unfamiliar Journeys

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4 years 1 month ago #257084 by keeptrying
MH and Unfamiliar Journeys was created by keeptrying
Not really a question as such, more........ confusion!

I had my last Pip review in 2018 - AFTER the court cases about 'overwhelming psychological distress, and safety' when undertaking journeys. So I was convinced I would be awarded the mobility element as I had been successful at tribunal 2 years earlier.
However - bizarrely - I got 0 points, even though the assessor recorded some of the difficulties I have.

At that time I was unable to take it further because I did not feel well enough, and I was going through a divorce and could not risk more stress, nor the possibility of losing my daily living award.

Now in 2021 my Pip review is currently in the hands of the DWP (lap of the Gods !!!!).
I did not mention any of the above, but just tried to state my case and difficulties as clearly as I could.

I am now wondering if I should have made reference to my 2018 review - and explained why I had not appealed, and also ask why they did not review my case?

I realise I probably need to wait for my result/assessment and result - before I can do more, or before you can provide advice. I am just concerned that my 'inaction' will be held against me.

I would be most grateful for ANY thoughts. Thank you

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4 years 1 month ago #257092 by Catherine
Replied by Catherine on topic MH and Unfamiliar Journeys
Hello walker,

I don’t think there is anything to lose by sending in a letter to the DWP saying that you disagreed with the decision made in 2018 that you should be awarded 0 points. You can point out that you disagreed at the time, but due to personal circumstances you were not in a position to ask for them to reconsider this decision. You respectfully request if they are using historical information to inform themselves whilst making the current review they ensure that they take into consideration the decision made by the tribunal in 2016. If it is so, you should also point out that your condition has not improved since that date. If you can do so easily, you might wish to include a copy of the Tribunal’s decision.

If you wish to send such a letter you can do so now, but make it clear that this is additional information for them to consider, it is not a request for a Mandatory Reconsideration.

I hope this helps,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 month ago #257102 by keeptrying
Replied by keeptrying on topic MH and Unfamiliar Journeys
Thank you - what a helpful reply.
I am unsure whether to write what you suggested, now, or wait until after I have an assessment.

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4 years 1 month ago - 4 years 1 month ago #257105 by Catherine
Replied by Catherine on topic MH and Unfamiliar Journeys
Hello walker and thank you for your kind words.

Our recommendation is that you do it now and then it become part of the pack, and it should be part of the information which the Decision Maker looks at when making the decision.

Hope that makes sense,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 1 month ago by Catherine.
The following user(s) said Thank You: keeptrying

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4 years 1 month ago #257129 by denby
Replied by denby on topic MH and Unfamiliar Journeys
Hi Walker, sorry to hear how life made you too fragile to fight before. But now you have support from here. Still not going to be easy but much more do-able I hope. My tip is this. Just as Catherine says write in now to make sure they look at the Tribunal decision not their own last nasty one, be ready to do this: Once you have your phone assessment [masses in the Guide about that], call in two days after and politely request the assessment report [unless you live in N. Ireland]. If refused, say thanks, hang up, and try again till one agrees.
Once you get the report [PA4 it's called], go through it with highlighters marking mistakes/twisted bits and those where you consider you should get more points than he/she suggests. Then, like now, you can write in before anything else happens, to put them coldly straight referring to documents in your evidence.
By the way my very experienced friend says they always knock people back after they won at Tribunal the previous time, sounds like that is exactly what they did to you before. So they have 'saved the country' a few bob at your expense/suffering: don't let them get away with it again!
Best wishes,
Denby
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4 years 1 month ago #257137 by keeptrying
Replied by keeptrying on topic MH and Unfamiliar Journeys
Just trying to write my letter - should I include briefly the arguments I WOULD have used in 2018, if I had taken it further?
Or should I leave all that detail for later, when (if !!!!) I have to ask for an MR?

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