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DWP Called to offer an increase in benifits Award!

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6 years 2 months ago #207285 by Paul Burrows
I have ME and Fibromyalgia which I have managed for around ten years, I ran my own business and functioned reasonably well though have had to pace myself. I had middle rate DLA care. In February 2016 whist on holiday I had an accident, I injured my arm and in the august of that year had an operation to fix it. I had a bad reaction o the anaesthetic the end result being a massive flare up of ME and fibromyalgia. So bad has it been that I have had to offload my business and now use a mobility scooter or wheelchair. It has been a tough journey.

A year ago (to the date) I decided I needed to apply for PIP and transfer from DLA, my needs had changed. I joined B&W and completed my application, after a long while I was sent for a face to face assessment. That was horrendous, I am deaf and wanted to record the assessment and had a Dictaphone but the HP called up because this was not correct!!, it was then confiscated! but the HP did not turn off properly and it recorded in any case. I was able to get a good transcription from it. I would like to be part of any challenges to the rules on recording assessments. Moving on, my award came through, no change from DLA! what a surprise! so I submitted a mandatory reconsideration I broke down each of the descriptors and argued my point, I also included a daily diary. (happy to share) result? no change! I called and asked if they had taken any regard for what I had sent them and was told well there was no more new medical evidence! I appealed on this and went to tribunal in January. Just prior to tribunal I received a medical report from a psychiatrist (part of the claim for accident) which I emailed in. This was, however, within the 7 days so I took copy with me to hearing. I also wrote a submission to tribunal breaking down the DWP case (again happy to share).After waited over an hour beyond my appointment I got called in and was told tribunal could not hear my case as they were over running!

I have since had a report from a rheumatologist and contacted the court to find out when my hearing will be and to send this info in. There are many points of arguments that I have raised one of them is that its clear the HP did not seek info from GP, there was nothing in bundle from GP. Also that in the conclusion the DWP stated:
"Conclusion
The Tribunal should be aware the decision and ma11datory reconsideration of the Secretary of State didn't consider the decision of RJ, GMcL and CS v Secretary of State for Work and Pensions v RJ (PIP): (2017) UKUT 105
(AAC). These decisions were decided by the Upper Tribunal on 09/03/17,. Mr Burrows has appealed against a decision made after 09/03/17, the Tribunal is asked to take RJ into account when deciding the appeal. If RJ affects the decision, the Tribunal is requested to apply it from 09/03/17 only.

Section 27, Social Security Act 1998 "

it beggars belief that the mandate for an appeal and my arguments why my award should be improved are contained in that decision yet the DWP did not even consider it!

To round this all off, I had a call from PIP Yesterday, I have been a qualified social worker and supported families of children with speech and language problems and have NEVER come across this before. The DWP said in light of the evidence I had sent in ( the psychiatrist report) my award has been looked at again and they can increase it! to me this is new territory has anyone else had this?? i was asked if i would be happy with this and i said no! they had not made this decision based on all the facts ie the rheumatologists report!

Watch this space for more, oh and I recommend getting an automatic call recorder app for your phone, great to listen back on calls, plus i tell people that calls are recorded because i can then use them in argument if needed! i am toying with the idea that the transcript of my FTF could be submitted given it was not acquired under false pretences, interesting argument that.
The following user(s) said Thank You: Gordon, ivyfox

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