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DWP using paperwork relating to a different benefit for an appeal
- Carl.P
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1 year 3 weeks ago #284911 by Carl.P
DWP using paperwork relating to a different benefit for an appeal was created by Carl.P
Can the DWP use information from a different benefit than the one that you are appealing against for their submitted documents for an appeal?
I know that on here IIDB is not is not a topic , but my query is about my IIDB appeal, but with PIP documentation.
whilst going through the paperwork that the DWP have submitted for my IIDB appeal, they have included a CRMR1 from a PIP MR from 2019. I'm on higher rate PIP which is awarded until 2026, so this is an old MR.
I don't know if anybody has come across this before? The DWP including documentation from a different benefit than the benefit that is being appealed against or if this is just a mistake from the DWP which I can use against them in my response to their paperwork for my appeal?
I know that on here IIDB is not is not a topic , but my query is about my IIDB appeal, but with PIP documentation.
whilst going through the paperwork that the DWP have submitted for my IIDB appeal, they have included a CRMR1 from a PIP MR from 2019. I'm on higher rate PIP which is awarded until 2026, so this is an old MR.
I don't know if anybody has come across this before? The DWP including documentation from a different benefit than the benefit that is being appealed against or if this is just a mistake from the DWP which I can use against them in my response to their paperwork for my appeal?
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- Gary
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1 year 3 weeks ago #284927 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP using paperwork relating to a different benefit for an appeal
Hi Carl.P
I have on occasions used PIP awards when appealing IIDB.
When you say they have included a CRMR1 form in your appeal, what was the outcome of your MR, you can use such forms to your advantage depending on what you are trying to prove. Quite often I come across WCA paperwork when doing a PIP appeal, so the answer to your question is yes I have come across it before.
If you apply for a subject access request, you will be surprised what turns up.
I would seek advice from your local Welfare Rights Organisation for help with your IIDB appeal; advicelocal.uk
Gary
I have on occasions used PIP awards when appealing IIDB.
When you say they have included a CRMR1 form in your appeal, what was the outcome of your MR, you can use such forms to your advantage depending on what you are trying to prove. Quite often I come across WCA paperwork when doing a PIP appeal, so the answer to your question is yes I have come across it before.
If you apply for a subject access request, you will be surprised what turns up.
I would seek advice from your local Welfare Rights Organisation for help with your IIDB appeal; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carl.P
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1 year 3 weeks ago #284969 by Carl.P
Replied by Carl.P on topic DWP using paperwork relating to a different benefit for an appeal
Hi Gary,
Thanks for replying back to me.
In relation to your question about the outcome of my PIP MR.
I was originally awarded standard rate for both elements so I submitted my MR and then got awarded enhanced rate for both elements.
So I can't figure out why the DWP have included my PIP MR in with the paperwork for my IIDB appeal, but not the decision which went in my favour, but either way it has no relevance to my IIDB appeal.
Another thing which I find odd is on the schedule of evidence in relation to the PIP MR it says what page numbers this is on, but in the date of document received it's just - where as all of the other documentation states the dates that they were received. The part which says date of origin of document again it's just - , but that section isn't filled in for anything at all and under the brief description of document it says CRMR1. I am just baffled why the DWP have added this to the bundle as I can't see any way that it can be used against me ?
Thanks for replying back to me.
In relation to your question about the outcome of my PIP MR.
I was originally awarded standard rate for both elements so I submitted my MR and then got awarded enhanced rate for both elements.
So I can't figure out why the DWP have included my PIP MR in with the paperwork for my IIDB appeal, but not the decision which went in my favour, but either way it has no relevance to my IIDB appeal.
Another thing which I find odd is on the schedule of evidence in relation to the PIP MR it says what page numbers this is on, but in the date of document received it's just - where as all of the other documentation states the dates that they were received. The part which says date of origin of document again it's just - , but that section isn't filled in for anything at all and under the brief description of document it says CRMR1. I am just baffled why the DWP have added this to the bundle as I can't see any way that it can be used against me ?
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- Gary
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1 year 3 weeks ago #284983 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP using paperwork relating to a different benefit for an appeal
Hi Carl.p
Sorry I can't answer your question, all I can say is for you to point this out at the IIDB appeal and include a copy of the MR decision.
Gary
Sorry I can't answer your question, all I can say is for you to point this out at the IIDB appeal and include a copy of the MR decision.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carl.P
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1 year 2 weeks ago #285103 by Carl.P
Replied by Carl.P on topic DWP using paperwork relating to a different benefit for an appeal
Hi Gary,
I've come across another anomaly within the DWP paperwork. They've included a medical letter which has no relevance to my IIDB, it's from the PIP decision back in 2019 which is why I submitted the PIP MR. The strange thing is this medical letter which they used to make the PIP decision is the only documentation that they used to make that PIP decision and completely ignored more relevant documents which made the MR go in my favour , but then the same thing appears in IIDB appeal paperwork form the DWP again. I would like to think that with 2 irrelevant PIP documents appearing in the DWP IIDB appeal paperwork and with them both being back from 2019 that it might go in my favour at the appeal whenever that might be.
I've come across another anomaly within the DWP paperwork. They've included a medical letter which has no relevance to my IIDB, it's from the PIP decision back in 2019 which is why I submitted the PIP MR. The strange thing is this medical letter which they used to make the PIP decision is the only documentation that they used to make that PIP decision and completely ignored more relevant documents which made the MR go in my favour , but then the same thing appears in IIDB appeal paperwork form the DWP again. I would like to think that with 2 irrelevant PIP documents appearing in the DWP IIDB appeal paperwork and with them both being back from 2019 that it might go in my favour at the appeal whenever that might be.
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- Carl.P
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1 year 2 weeks ago #285149 by Carl.P
Replied by Carl.P on topic DWP using paperwork relating to a different benefit for an appeal
I've gone through all of the DWP's paperwork in relation to my IIDB appeal and found a huge amount of errors in it from the DWP. I know this is for my IIDB appeal ,but the question that I'm asking is relevant to any benefit appeal. Do I respond back to the DWP paperwork obviously through the correct way via the courts and tribunal service and not directly to the DWP and state all of the things that I have found wrong within the DWP's response to the appeal or wait for the actual appeal hearing ? I'm just not sure how to go about it as on 1 hand I'm thinking the DWP can then put right what they have done wrong before the hearing ,but on the other hand I'm thinking maybe with all of the issues that I have raised about the DWPs' documentation that if what's submitted to the tribunal gets read when it gets sent to them that they might say that the DWP have made so many mistakes already that it's not worth it going to tribunal as everything is in my favour or am I just wishful thinking?
I don't want to type it all up and send it yet as I know it will get sent to the DWP as additional information and then it's sort of giving them the heads up and they can rectify it or could the DWP realise they've made a catalogue of errors and maybe reinstate my benefit?
Any thoughts on this would be much appreciated.
I don't want to type it all up and send it yet as I know it will get sent to the DWP as additional information and then it's sort of giving them the heads up and they can rectify it or could the DWP realise they've made a catalogue of errors and maybe reinstate my benefit?
Any thoughts on this would be much appreciated.
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