Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: PIP Epilepsy

PIP Epilepsy 4 months 3 weeks ago #192370

cleocat

The DWP have no in-house medical knowledge so if a claimants sends further medical evidence as part of an MR, it has to be referred back to the original assessor for comment.

Gordon
The following user(s) said Thank You: cleocat

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Epilepsy 3 months 1 week ago #195087

Hi so just to keep everyone updated im still waiting for my appeal to go through. I received the bundle of papers from the dwp, i received them 2 days before their deadline to supply them to the court!

There were a couple of points in their bundle of papers that made me get a more detailed GP letter to hopefully go against what they brought up.

Ive suppled that new GP to the court and its been acknoledged and in their letter (courts) they also say it has been provided to the other party- the dwp.

Im just wondering do the DWP get a timeframe to reply back to this GP if they wanted? if so how long?

thanks

Please Log in or Create an account to join the conversation.

PIP Epilepsy 3 months 1 week ago #195099

cleocat wrote: Im just wondering do the DWP get a timeframe to reply back to this GP if they wanted? if so how long?

thanks


There's no specific requirement for the DWP to respond to any of the evidence or testimony that the claimant might submit as part of their appeal, if they do, then there is required time frame other than it being in advance of the hearing.

Gordon
The following user(s) said Thank You: cleocat

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP Epilepsy 2 months 6 days ago #197273

Hi everyone, just wanted to update you on my situation as its nice reading other peoples thread till the end.

I received my appeal decision notice this morning for my PIP.

My appeal has been allowed!! I chose to go down the paper hearing route.

I have been awarded enhanced rate for both daily living and mobility till 2022!

When i was reassessed by the dwp back in march (i had been previously been getting standard rates for both components) they awarded me something like 1 or 2 points i think. Even at MR they only added 1 more point so i received no awards.

So to go from no award back in March after reassessment to enhanced rate for both components now is astounding!
It shows it really makes a difference to appeal against the DWP! Even when all the form filling is so draining and at times you feel like giving up.

I still cant believe it and i do expect the dwp to try to appeal the tribunal decision and therfore drag out paying me the award by asking for the statement of reasons.
Am i right in thinking though it has to be an error in law for the dwp to actually lodge an appeal against the tribunals decison?

I also fully expect the DWP to send me for a reassessment before the date the Tribunal have said- 2022.

However for now, i can breathe a sigh of relief if not for one day! Its been really hard and expensive- ive had to pay £50 a time for doctors notes. They must have helped but its been very tight to find the money to pay for them.

Thank you to everyone on here that has given me advice and help, and thank you for the people who put the guides together in so much detail, enabling me to fight every one of the descriptors from the DWP. My total MR letters and appeal stuff was over 33 pages!

If i can offer any advice it would be to fill out those forms and go for a MR and then if unsuccesful still go to appeal.The dwp folded before the appeal was heard for my ESA case as well.

Thanks again everyone.

Please Log in or Create an account to join the conversation.

PIP Epilepsy 2 months 6 days ago #197284

That's great news! Thanks for letting us know :)

Yes, DWP will only be able to take this further if they can show an Error in Law.

Current DWP practice is to start the reassessment a full year before the award is due to finish. In law, they can reassess at any time, for any reason but we have not seen early reassessment other than the year I have just stated.

tags # RESULT # PIP # APPEAL
The following user(s) said Thank You: cleocat

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback