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pip assessor used evidence of 3 unknown letters

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6 years 11 months ago #189831 by eltel2548
hi. i am unfortunatley one of the prople who is fighting the pip system of awarding o points from getting DLA highter mobility and living allowance indefinatley with a carer. The f2f assessment was terrible and the actual events were not recorded, but made up. The consutation report under " evidence considered" has stated they have used 3 doctors letters of which do not refer to me or my case!! My doctor has given a written confirmationand requested sight of these letters.
I sent more documented medical evidence and l questioned the reliability of assessors report using unknown documents towards the o pints decision.

The mandatory reconsideration letter came yesterday and they still have not awarded me any points dispite the fact i have been able to prove them wrong with thier decision. DHS HAVE NOT MENTIONED OR GIVEN AN EXPLANATION TO USING THESE 3 UNKNOWN LETTERS .
my doctor is in the process of doing a supporting letter to send to appeal.

I do notthink physically l can face attending the appeal after beeing ripped apart by the f2f ( i had a witness at f2f and sent in a supporting letter from them too giving the true facts) I was ill after f2f as i injured myself walking a distance i was made to do, although i told assessor i was not able to walk the distance. i stopped twice going into office and stopped twice coming out and stumbled as too painfull to walk and had support from my carer to walk., whom caught me from falling flat on my face! none of this was recorded as assessor said i walked without a problem , no stopping or tiredness reliablity and continuous.

Do you think because of these 3 unknown letters , witness letter and other medical professional letters already sent i would need to physically attend appeal?I would instead perfer an oral hearing . ( i did win my esa appeal through an oral hearing) Due to somone elses doctors letters being used as my evidence, could i argue the fact the assessors report is not reliable and therefore has swayed thedwp decision incorrectle?

Would the appeal throw the case out?

also can you advise if i need to send copies of all documents/letters already sent to DWP to appeal or will they already have my paperwork to date?

I hate the thought of everyone on that appeal panel looking at me and thinking im a fraud and im guilty untill i prove myself truthfull.i

Thank you

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6 years 11 months ago #189851 by Gordon
Tess

A Tribunal will review your claim from scratch and usually will treat all of the evidence evenly, however an award will only be made by your showing that you meet the criteria to score points, dealing with the assessors report is important but is quite unlikely to result in an award.

You are far more likely to win a hearing that you attend, where the panel can ask you questions about your problems than one done on your papers only, You can request an Oral hearing and switch to a Paper one if you decide you cannot attend,

The PIP Appeal guide has links to the SSCS1 form that you will need to complete 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

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6 years 11 months ago #189883 by eltel2548
Replied by eltel2548 on topic pip assessor used evidence of 3 unknown letters
thank you Gordon.
I will do what you say and get back to you for advice if i may.

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