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Appeal.
- mgri76
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5 years 10 months ago #212631 by mgri76
Appeal. was created by mgri76
Hi,
I was recently awarded 11 points for Daily Living component of PIP and 4 points for the Mobility component. I am in receipt of standard rate Daily Living at present. I requested a Mandatory Reconsideration as I felt I should have received additional points. This was turned down and the decision remained unchanged.
My decision was based purely on the evidence I supplied in my PIP application and from my attendance at the face to face medical - no medical evidence was obtained/submitted either by the DWP or myself . I had given consent for the DWP to request any medical evidence they deemed necessary but they decided not to. I am considering appealing but I really don't feel up to it in my current mental state. Is it likely that the Appeal panel will request medical evidence ? I have been attending my own GP, cognitive behavioural therapy sessions and a consultant psychiatrist but I genuinely don't feel up to asking them to provide evidence. Finally, if I do decide to appeal can I simply submit the appeal form now in order to meet the 1 month deadline followed by written submissions/reasons of appeal at a later stage - am I correct in saying I can withdraw the appeal at any stage prior to the hearing? When requesting the Mandatory Reconsideration I did go into quite a lot of detail and I am considering using this in any case to form the basis of my appeal should I decide to proceed.
Regards
I was recently awarded 11 points for Daily Living component of PIP and 4 points for the Mobility component. I am in receipt of standard rate Daily Living at present. I requested a Mandatory Reconsideration as I felt I should have received additional points. This was turned down and the decision remained unchanged.
My decision was based purely on the evidence I supplied in my PIP application and from my attendance at the face to face medical - no medical evidence was obtained/submitted either by the DWP or myself . I had given consent for the DWP to request any medical evidence they deemed necessary but they decided not to. I am considering appealing but I really don't feel up to it in my current mental state. Is it likely that the Appeal panel will request medical evidence ? I have been attending my own GP, cognitive behavioural therapy sessions and a consultant psychiatrist but I genuinely don't feel up to asking them to provide evidence. Finally, if I do decide to appeal can I simply submit the appeal form now in order to meet the 1 month deadline followed by written submissions/reasons of appeal at a later stage - am I correct in saying I can withdraw the appeal at any stage prior to the hearing? When requesting the Mandatory Reconsideration I did go into quite a lot of detail and I am considering using this in any case to form the basis of my appeal should I decide to proceed.
Regards
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- Gordon
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5 years 10 months ago #212651 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal.
Slick
The Tribunal will not request any evidence, with the possible exception of your medical records but this will not happen before the hearing, it is down to the claimant to provide any evidence that they believe will help their claim.
Yes, you can withdraw your appeal at any time up to the day of the hearing. You also have the option of asking for a Paper hearing that you do not need to attend, statistically they are less successful than when the claimant attends and you will need to make sure that any submission you might make is with the Tribunal Service within one month of the date of the DWP's own submission.
There is a section in the PIP area that covers appeals.
Gordon
The Tribunal will not request any evidence, with the possible exception of your medical records but this will not happen before the hearing, it is down to the claimant to provide any evidence that they believe will help their claim.
Yes, you can withdraw your appeal at any time up to the day of the hearing. You also have the option of asking for a Paper hearing that you do not need to attend, statistically they are less successful than when the claimant attends and you will need to make sure that any submission you might make is with the Tribunal Service within one month of the date of the DWP's own submission.
There is a section in the PIP area that covers appeals.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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