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Response from dpw while waiting for appeal date

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6 years 5 months ago #199620 by eltel2548
Hi. I have an update to my case
I will briefly explain, I asked for your advise a few months ago. Due to my pip assessor confirming to use 3 doctors medical letters in report and DM also refers to the same documents being used for decision on pip. I went from DLA higher rates in both personal & mobility to NIL points.
After my consideration was turned down. (basically DWP did not refer to my complaint of false evidence being used which reflected the lies also told in my report) their reply had a tone that "how dare I accused their trained professionals of making mistakes and giving in correct information regarding my conditions and their observation made about me" but the fact is , their trained professional did use documented evidence not referring to me , which the assessment is not reliable .
DWP did not like me questioning this !
I sent papers etc to appeal and highlighted the 3 letters been used by DWP and their reluctance to explain .
I am waiting for appeal date to come through, so in the meantime, I sent a letter to DWP on 8th September requesting copies of these 3 letter's used in report . my doctor has also requested an explanation.
Today, I received a letter from DWP showing that they have all information needed to make a decision if they can award me PIP.
what??

They have not sent copies of the 3 letters, as requested, and by law they can not refuse.
They have not confirmed receiving my letter or addressing it.

What do I do now ? And what's going on with DWP ?

Should I send tribunal a copy of mine and doctors letters, we sent to DWP asking for copies and full explanation why 3 unknown doctors letters were used from another claimant and used for my case ? Also,should I send a copy of this letter I have just received, although it doesn't address our request?

Really confused, hope you have some idea what's going on and please advise

Thank you

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6 years 5 months ago #199629 by Gordon
Tess

You have requested an appeal, has the request been accepted by the Tribunal Service?

If the request was accepted have the DWP provided you with a copy of their submission to the appeal?

If they have, then all of the documents used in the making of the Decision should have been attached to their submission, including the three letters that your refer to.

If you have received the bundle and they are not there then you should write to the TS asking them to ask the DWP for copies of the missing letters. You should not write to the DWP directly as this can lead to there being differences in the information that you have versus the appeal panel and given the importance of the letters, it could easily lead to a postponement of your hearing.

As to the latest letter from the DWP, all I can suggest at this stage is that you contact them for more information. They can make a revised offer to the claimant before their appeal hearing, but this is not the format that I would expect them to use if this was being done.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: eltel2548

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6 years 5 months ago #199808 by eltel2548
Replied by eltel2548 on topic Response from dpw while waiting for appeal date
Hi. I have read citizens advise regarding the letter I have been sent from DWP .
I understand that it looks like DWP are treating my case as a review as mistake made by them.

Problem is, the letter does not state it ts a review or knowledge's my request for copies of letters used by there mistake.
This review procedure by DWP. Can only take place when your waiting for appeal date and does not effect case being delayed.

I want to query letter DWP have sent me and ask for copies of letters requested previously. I have given all this information in my appeals submission , so its not new evidence, just trying to obtain letters to prove their report is not reliable.

I don't mind my claim being postponed because I'll keep on and on to them, until they admit to their mistake on my report and it will be interesting to see how will they explain away, what they have already confirmed as using these letters as evidence not relating to me .

The law states I can not be refused copies of these letters used.

I will send letter to DWP because if I phone them, then I won't have the evidence in writing to what they say about letters or if they are doing a review. Sorry to go against your advise, but I do not trust them on the phone.

I will keep you updated , because other people may not be aware of this review before appeal . So many claimants have been saying that their reports have lies made by assessors , but DM are not taking any notice of their assessors telling lies. We as claimants are frown upon as saying the assessors are complete liars. Therefore, claimants , if they can prove mistake made by DWP , can ask for review. (there is a judicial review after appeal - this is not the same as review I'm talking about).

Thankyou

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6 years 5 months ago #199836 by Gordon
Tess

Forgive me but I am still confused about what is happening with your claim, you say you have requested an appeal but also that the DWP are looking at your claim? They should not be doing this!

What are the three letters that you are trying to get a copy of?

Gordon

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

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6 years 5 months ago #199860 by slugsta
Hi Tess,

Has your appeal been accepted by the Tribunal Service? If so, you must make all communication via them, you must not communicate directly with DWP.

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

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6 years 4 months ago #200181 by eltel2548
Replied by eltel2548 on topic Response from dpw while waiting for appeal date
Hi. The letters are doctors medical evidence shown as being used on my assessment report and confirmed by DM making their decision on my case. These letters are not mine but refer to some one else and therefore throughout my report my case refers to someone else. Problem is the DM will not send copies of these letters after several requests by myself and my doctor.

DWP have confirmed using these letters but also state that their assessors are professionally trained and decision made on the contents of assessors report - which is why I need the copies of letters.

I have had bundle from DWP that's been sent to tribunal and these letters not included ( but is on report) however, further evidence I sent when having mandatory consideration have been shown as being received but not actually been included in bundle!

I have on my statement of appeal given details of these letters and stated my report is not reliable.
I did request letters from DWP to back up my case for appeal and received a letter back from them , that did not refer to letters , but stated they now have all information and are making decision on awarding pip. They know I have been excepted by tribunal for appeal.

So, I'm not sure if this is a review before appeal (not Had appeal date yet)

I will contact tribunal to inform them of situation , but if case postponed , does that mean until these letters are produced or will I have to start fresh claim again ??

Thank you.

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