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DWP response to appeal
- Mystery666
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3 years 11 months ago #259380 by Mystery666
DWP response to appeal was created by Mystery666
Hi all,
The DWP have responded to my PIP appeal, I've just received their response today. I am so annoyed and upset by their response, I guess I shouldn't take it personally, but cant help it, it feels like an attack on my character calling me a liar! I wrote a letter of complaint about my medical assessment the day after it was done basically saying I was not asked half the questions and only took 35 minutes very rushed etc, which they responded with I should complain to Capita not them etc. In the summary they have put that the health professional had nothing to gain from writing anything she liked and not an ounce of the truth. I have seen other staff have been sacked from Capita for the way they have treated claimants, is there anything specific I could refer to in my comments back?
They have then gone on about being able to drive and work so proves I can do everything (I really can't) and that I am in receipt of carers allowance meaning I care for a disabled person for 35 hours a week, but no mention that it is infact my son that I care for and literally have no choice as who else will care for him if I don't?
In conclusion they say "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of state's decision". Is this just standard response?
Also I did not record the medical assessment as I was not aware until after that this would have been lawful, so unfortunately can't use that to prove what I am saying.
Any general advice on how to comment back to the appeal on this?
Thanks in advance
The DWP have responded to my PIP appeal, I've just received their response today. I am so annoyed and upset by their response, I guess I shouldn't take it personally, but cant help it, it feels like an attack on my character calling me a liar! I wrote a letter of complaint about my medical assessment the day after it was done basically saying I was not asked half the questions and only took 35 minutes very rushed etc, which they responded with I should complain to Capita not them etc. In the summary they have put that the health professional had nothing to gain from writing anything she liked and not an ounce of the truth. I have seen other staff have been sacked from Capita for the way they have treated claimants, is there anything specific I could refer to in my comments back?
They have then gone on about being able to drive and work so proves I can do everything (I really can't) and that I am in receipt of carers allowance meaning I care for a disabled person for 35 hours a week, but no mention that it is infact my son that I care for and literally have no choice as who else will care for him if I don't?
In conclusion they say "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of state's decision". Is this just standard response?
Also I did not record the medical assessment as I was not aware until after that this would have been lawful, so unfortunately can't use that to prove what I am saying.
Any general advice on how to comment back to the appeal on this?
Thanks in advance
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- yingy1
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3 years 11 months ago #259394 by yingy1
Replied by yingy1 on topic DWP response to appeal
I'm no expert but I had similar with my ESA. I was put in WRAG group from Support group. I appealed to the upper tribunal (a long and arduous task but worth it in the end) and won, with thousands of pounds back pay.
Maybe you should try this as they shouldn't be allowed to get away with it. I actually asked them why the assessors word , who only saw me for 30 minutes, should be believed when my partner who I live with, and my daughter who I see almost every day, and who both supplied statements in support for me, were ignored or disregarded as they made no mention of actually reading them.
Get as much supporting evidence you can, and I wish you every luck
Regards
yingy1
Maybe you should try this as they shouldn't be allowed to get away with it. I actually asked them why the assessors word , who only saw me for 30 minutes, should be believed when my partner who I live with, and my daughter who I see almost every day, and who both supplied statements in support for me, were ignored or disregarded as they made no mention of actually reading them.
Get as much supporting evidence you can, and I wish you every luck
Regards
yingy1
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- Gary
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3 years 11 months ago #259401 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP response to appeal
Hi Julie
Unfortunately, you are not alone. Yes it is a standard verse "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of state's decision"
Have a look at our PIP MR & Appeal guide for details of the process, www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any additional supporting documents you can send it in, but you need to send it to HMCTS and not DWP. Has the DWP sent you the bundle of documents they rely on for the appeal, if they have then the main document to look at is the assessors report.
Write yourself a bullet point list of any particular points you want to get over, so you have it by you during the appeal, have paper and pens to hand to make any notes such as the Tribunal names and don't forget to have a glass of water if needed so you don't get a dry throat and lose your voice!
Gary
Unfortunately, you are not alone. Yes it is a standard verse "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of state's decision"
Have a look at our PIP MR & Appeal guide for details of the process, www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any additional supporting documents you can send it in, but you need to send it to HMCTS and not DWP. Has the DWP sent you the bundle of documents they rely on for the appeal, if they have then the main document to look at is the assessors report.
Write yourself a bullet point list of any particular points you want to get over, so you have it by you during the appeal, have paper and pens to hand to make any notes such as the Tribunal names and don't forget to have a glass of water if needed so you don't get a dry throat and lose your voice!
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mystery666
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3 years 11 months ago #259411 by Mystery666
Replied by Mystery666 on topic DWP response to appeal
Thanks for both of your replies.
Gary, I already had the assessors report, just basically all made up because she couldn't be bothered to do the assessment properly.
One other question, I've seen in someone else's post that you can apply again for pip even with an appeal ongoing? Is there any more info anywhere about this? I'm thinking about doing so, as I should have additional evidence in the next couple of weeks
Julie
Gary, I already had the assessors report, just basically all made up because she couldn't be bothered to do the assessment properly.
One other question, I've seen in someone else's post that you can apply again for pip even with an appeal ongoing? Is there any more info anywhere about this? I'm thinking about doing so, as I should have additional evidence in the next couple of weeks
Julie
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- Gary
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3 years 11 months ago #259419 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP response to appeal
Hi Julie
Some claimants if their condition worsen during the claims process maybe advised to make a new claim for PIP due to their change of circumstances.
You have two options now that an MR has been completed.
- You can appeal the Decision based on your issues as they were when the Decision was made
- You can make a new claim for PIP based on your conditions as they are now.
You can do both but you should think carefully before doing so as a new claim will limit any award that a Tribunal might make.
If you have additional evidence to support your claim then you should send it to HMCTS as you are at the appeal stage. You can send any additional evidence you want through the post, but make sure that you put your name and national insurance on each side of any additional sheets and number them, remember to keep a copy for yourself. It is advisable to send them by tracked post.
Gary
Some claimants if their condition worsen during the claims process maybe advised to make a new claim for PIP due to their change of circumstances.
You have two options now that an MR has been completed.
- You can appeal the Decision based on your issues as they were when the Decision was made
- You can make a new claim for PIP based on your conditions as they are now.
You can do both but you should think carefully before doing so as a new claim will limit any award that a Tribunal might make.
If you have additional evidence to support your claim then you should send it to HMCTS as you are at the appeal stage. You can send any additional evidence you want through the post, but make sure that you put your name and national insurance on each side of any additional sheets and number them, remember to keep a copy for yourself. It is advisable to send them by tracked post.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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