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Reconsideration made no chance to give evidence
- NigelB
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7 years 1 month ago #183972 by NigelB
Reconsideration made no chance to give evidence was created by NigelB
Well I had been reading thorough the members guides but I must admit I didn't read everything fully before starting down the DLA to PiP path .. I had an idea there would be issues so I subscribed before starting
On my claqim form I tri9ed to be as descriptive as possible and gave 8 different clinics and doctors who have been dealing with my multiple chronic health conditions but the DWP decided they would rather get an opinion from ATOS and did not contact a single doctor!
I was sent letters for medicals at one ATOS centre but on the morning of the medical they called and cancelled, I could only have a medical at a different medical center in 2 days time. So that was a good start ..
I received the award which was dated 6th of February which although annoying in respect of the award I found it slightly amusing to be described as "average build" when all the medical professionals I have seen in the last 20 odd years definitely put me in the high end of the BMI scale
I sent the request for reconsideration off swiftly, I gave examples of issues and pointed out that the person examining me could not even see I was fat, he refused to look at my feet which were severely swollen and caused mobility issues despite orthopedic shoes and that my stopping half way down a coridoor (which they said was 15m) and leaning on the wall was me preventing myself from falling over! This in itself was in the original report and I stated this proved the issue occurred as per their own words in about 7.5M ..
I sent the long letter countering many of the points in the "medical examination" by recorded delivery on the 14th of February.
I received no phone calls from the DWP, no request for evidence but two copies of a reconsideration dated 20th February arrived which basically amounted to "our opinions are facts anything you say is worthless and you have sent no real evidence, even the ones that some of the report is definitely wrong"
According to the guides the DWP should have tried to contact me by phone or ask for evidence (which I could obtain) but they failed to do either and just stuck their head in the sand.
I aim to continue down the path to appeals but have they already failed in their job of dealing with the reconsideration in the first place? Is there another step I should take if they have?
thanks
On my claqim form I tri9ed to be as descriptive as possible and gave 8 different clinics and doctors who have been dealing with my multiple chronic health conditions but the DWP decided they would rather get an opinion from ATOS and did not contact a single doctor!
I was sent letters for medicals at one ATOS centre but on the morning of the medical they called and cancelled, I could only have a medical at a different medical center in 2 days time. So that was a good start ..
I received the award which was dated 6th of February which although annoying in respect of the award I found it slightly amusing to be described as "average build" when all the medical professionals I have seen in the last 20 odd years definitely put me in the high end of the BMI scale
I sent the request for reconsideration off swiftly, I gave examples of issues and pointed out that the person examining me could not even see I was fat, he refused to look at my feet which were severely swollen and caused mobility issues despite orthopedic shoes and that my stopping half way down a coridoor (which they said was 15m) and leaning on the wall was me preventing myself from falling over! This in itself was in the original report and I stated this proved the issue occurred as per their own words in about 7.5M ..
I sent the long letter countering many of the points in the "medical examination" by recorded delivery on the 14th of February.
I received no phone calls from the DWP, no request for evidence but two copies of a reconsideration dated 20th February arrived which basically amounted to "our opinions are facts anything you say is worthless and you have sent no real evidence, even the ones that some of the report is definitely wrong"
According to the guides the DWP should have tried to contact me by phone or ask for evidence (which I could obtain) but they failed to do either and just stuck their head in the sand.
I aim to continue down the path to appeals but have they already failed in their job of dealing with the reconsideration in the first place? Is there another step I should take if they have?
thanks
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- Gordon
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7 years 1 month ago #183983 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reconsideration made no chance to give evidence
Nigel
There are very few requirements on the DWP as part of the MR process, they are supposed to contact the claimant but are not required to.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete to request an appeal and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
There are very few requirements on the DWP as part of the MR process, they are supposed to contact the claimant but are not required to.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete to request an appeal and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: NigelB
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- NigelB
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7 years 1 month ago #184088 by NigelB
Replied by NigelB on topic Reconsideration made no chance to give evidence
Thanks , I was not sure from the members guide whther it was a requirement but as the whole essence of their reply was "prove it" I am heading down the long appeals route
I have already made a long doctors appointment to discuss issues and getting a report from them as unfortunately I had to move house just over 2 years ago and change from my GP of 24 years and the new ones are hard to get appointments with etc
I had a bad feeling when at the end of the appointment the guy said "do not worry and stress over this, you can always appeal" when I had already told him of the depression and sleepless nights worrying about the medical!!!
I have already made a long doctors appointment to discuss issues and getting a report from them as unfortunately I had to move house just over 2 years ago and change from my GP of 24 years and the new ones are hard to get appointments with etc
I had a bad feeling when at the end of the appointment the guy said "do not worry and stress over this, you can always appeal" when I had already told him of the depression and sleepless nights worrying about the medical!!!
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