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Ready to Appeal against the DWP PIP

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1 year 2 weeks ago #284522 by RHAN
Hi B&W

Mandatory reconsideration was unsuccessful as expected, even after pointing out the obvious faults within it i still knew it would be a fail.

Both the initial decision letter & MR notice seem groundless, not explaining anything for their reasons as to why I didn’t qualify, just simply used (the version 2) PA3 HCP assessment report as solid reason to fail my claim.
Yes a second assessment for the same new claim was launched within a short period after the first one, they simply scrapped the first assessment entirely, denied it existed, and leant heavily on this second paper based assessment which had many documents deliberately removed.
That’s basically the Gist of my long painful story.

Within my MR I pointed it all out, that there is important documentation missing, yet it didn't make a difference to them despite also pointing out the obvious faults within this PA3 v2 report, like i passed my driving test so I'm basically fine! …yes 20 years ago i was fine and passed my test but now 20yrs on I don't drive because of my issues, so that cant be solid grounds for a fail.

The worst brazen thing thats gone on is the complete deletion of my latest Scan & all the statements I had off family & friends to support my claim, all taken out.
These were the actual documents that held solid grounds to support my claim.
They took many of my hard evidence to support my issues out of the assessment entirely, so hand picked what they wanted to send over to Capita a second time for a different HCP assessor to see and judge and carry out a PA3 Version 2.

I finally at this point in time through the help of my sister , have proof of this deliberate sabotaging and the existence of the first assessment being done which they denied heavily.

I am not well enough to draft a huge appeal explaining everything as it would take me months to prepare, my sister’s time is limited atm and cant help much right now, she will join in at a later stage, so I have to try and launch the Appeal myself, so atleast ive not missed the deadline, then she can help from there on.

So I was wondering If there is a need to re-send everything and explain everything all over again which is pages and pages long for the Appeal/Tribunal considering I did it all this within the MR?

My MR basically covered it all, it’s basically like Appealing, only it was simply brushed to the side by the DM.

So would it be ok, that after I draft my concerns as to why I'm appealing regarding the way my claim was handled, could I then just ask them to go through my whole claim pack including all MR documents i sent in and judge my claim save me having to upload the whole lot again?

I believe I've been treated unfairly and I meet numerous criteria’s all explained within the MR, and because of this omitting documents I believe my claim didn't stand a chance if the most vital information was deliberately removed.

Any advice much appreciated :)

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1 year 2 weeks ago #284532 by BIS
Replied by BIS on topic Ready to Appeal against the DWP PIP
Hi Robin Goch

I'm sorry you find yourself in this position.

When you put in for an appeal, the DWP has to provide a bundle which should include all the evidence you have already submitted, but as the DWP has already failed to use large chunks of your evidence over the course of two assessments, I would not rely on them doing so. I suspect they will only submit the evidence for one assessment, particularly as they are being less than truthful about it. There is also a risk that the Tribunal will say they are only looking at one assessment - so I would try and preempt that happening.

If it's too much for you, you can wait to see what the DWP submit and then add anything you think is missing. However, if they do it at the last moment, you may not have sufficient time.

If you had the evidence for your MR and are basically submitting the information, you can start the Mandatory Reconsideration process and then send out the rest of the information when you are ready. If you have all the documentation already, is it possible for someone to photocopy it and send it or scan it if you're going to do an online appeal? (If you submit online, you can keep updating the record as and when you're ready).

Just one thing to be careful about. You have clearly been given the runaround, but remember the most important point of your appeal is to show the Tribunal that you meet the PIP criteria and give you the award you're seeking. Don't waste a lot of time complaining about the process. You can always put in a separate complaint. You want them to keep their eye on the substantial amount of evidence that you have.

BIS

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

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1 year 1 week ago #284690 by RHAN
Replied by RHAN on topic Ready to Appeal against the DWP PIP
Thank you for getting back to me.

I would like to ask if it’s possible to launch the Appeal online, and then send in the documents via recorded delivery so my sister has the time to photocopy the lot and send it in?


Thank you. :)

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1 year 1 week ago #284698 by Chris
Replied by Chris on topic Ready to Appeal against the DWP PIP
Hi RobinGoch,

You can do this online - as I have done myself. You need an account and your long reference number. You can only upload about 5 documents, then the rest must be sent by post - however, after your items have been scanned in and on your account, then you can add to them online by uploading, and they'll get added to what's already been scanned in ready for the courts to view it all.

Hope this helps.

Regards, Chris.

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

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1 year 1 week ago #284704 by RHAN
Replied by RHAN on topic Ready to Appeal against the DWP PIP
That is great, as i cant do much at a time.

Many thanks for your help.
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