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PIP - appeal - registration of appeal & DWP action

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5 years 7 months ago #217943 by frmarcus
Hello Gordon: I've just registered an appeal (no change at MR). Trib states DWP must respond by late-Oct. I presume the nature of that response is as to why they made the decisions they did?

Although I made a significant submission at MR with a number of grounds for uplift of award - which seem to have been unread or ignored as they're totally unaddressed in MR letter- I was planning to make a bolstered submission direct to Trib. I'm guessing you might advise that I also make that to DWP (although it may be sent to them by Trib Service anyway) - as I presume the response could be changed if DWP changes its view on the basis of 'new' evidence (not new - just more of it from a source they failed to get my med records from despite written request that they really should: Min of Defence)?

I know DWP can revise the decision right up to the hearing.

It may be that DWP waits to see that I'm 'serious' re appeal by submitting more evidence: there seems to be some evidence of this game-playing given the very late stage - just before the hearing - DWP revises some decisions before hearings (though that could be appellants' eleventh-hour submissions...)

With thanks and best wishes,

Marcus

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5 years 7 months ago #217956 by Gordon
frmarcus

Yes, once the DWP receive notice of the appeal they will prepare their own submission and send it to the Tribunal Service, you will receive a copy of this.

Any information you want to include for the hearing must be sent to the TS, they will distribute it on to the DWP.

There are two points in the process where we see the DWP revise the Decision when the claimant sends their own submission and in the week before the hearing. Understand that the DWP are only required to make a more favourable Decision if this is not what you stated you are are appealing for then the offer may not actually be made even if the DWP accept that a higher award is payable and you will need to continue to appeal.

Gordon

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

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5 years 7 months ago #217958 by frmarcus

Gordon wrote: frmarcus

Gordon: Many thanks.

Understand that the DWP are only required to make a more favourable Decision if this is not what you stated you are are appealing for then the offer may not actually be made even if the DWP accept that a higher award is payable and you will need to continue to appeal.

Gordon


An award of standard DL was made; I think it should be DL (prob enhanced) and def enhanced Mob. I argued for the necessary points in MR for those levels but not the levels themselves. Should I overtly state what levels I believe I should receive (as well as the apt points for them) - just to make it absolutely clear?

Thanks again.

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5 years 7 months ago #217963 by Gordon
frmarcus

You need to explain what Descriptors that you think that you meet and why, if this is "overtly stating" the information then feel free to do so.

Gordon

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

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