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Additional evidence not considered
- KatM
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3 years 1 week ago #268094 by KatM
Additional evidence not considered was created by KatM
Hi all,
I applied for a mandatory reconsideration after my PIP came back without an award after having been on DLA and then PIP for the past 12 years. I sent the DWP additional supporting evidence in the form of an in depth medical report for the mandatory reconsideration process. However the mandatory reconsideration has come back with no change - and their reasoning doesn't reference the additional evidence at all. It honestly sounds like it hasn't been considered.
I have proof in the form of tracked delivery that they received the report and its was sent with my name and NI number on every page too. Is it worth calling them to find out what happened? Has this happened to anyone else? Will they re-reconsider, or do they have a duty to consider all evidence?
Thanks in advance
I applied for a mandatory reconsideration after my PIP came back without an award after having been on DLA and then PIP for the past 12 years. I sent the DWP additional supporting evidence in the form of an in depth medical report for the mandatory reconsideration process. However the mandatory reconsideration has come back with no change - and their reasoning doesn't reference the additional evidence at all. It honestly sounds like it hasn't been considered.
I have proof in the form of tracked delivery that they received the report and its was sent with my name and NI number on every page too. Is it worth calling them to find out what happened? Has this happened to anyone else? Will they re-reconsider, or do they have a duty to consider all evidence?
Thanks in advance
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- LL26
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3 years 1 week ago #268112 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Additional evidence not considered
Hi KatM,
I have come across numerous occasions where very strong evidence has simply been ignored by DWP. I don't why it happened, and it often appears that the evidence just hasn't been considered. Presumably you have asked for a copy of the assessment report (PA4)? This might shed more light on the decision.
However, since your MR hasn't changed your benefit I suggest that you need to make an appeal to the tribunal - this can be done online. Send the medical reports in again, and you can quite rightly make the comment that they have clearly been ignored as they prove your disabilities, and were not referred to at MR. If you have the PA4 you can comment on this too. Don't criticise every little point, work on about 4 or 5 major criticisms, maybe using bullet points.
Write all these things in the Grounds of Appeal. Also send in previous benefits awards, including the DLA/PIP ones and explain that nothing has improved (say if it has got worse) AND you now have not been awarded benefit. This change in benefit is called a Supersession. If DWP want to make a proper (lawful) supersession they will need to provide a full cogent explanation of the reason for the reduction in benefit. it sounds like they may struggle to do this, and hence the tribunal should re-award benefit at the same level (or perhaps higher if you are now more disabled.) When an appeal is lodged DWP should review the case again. It is possible that they will decide to reinstate your benefit.
If you use the online appeal form (SSCS1) I find that typing a lengthy Ground of Appeal in the box doesn't work very well. When you get the appeal papers that part of the form will often come out with no formatting, and is therefore one extremely long and hence difficult to read paragraph. Maybe type as Word doc and then attach. (It's a good idea to put page numbers and a header or footer with your name and NI Number on each page.) As I said above, send the medical reports as well. If you want you can state the previous points and that they still apply or should be increased and say what the new value should be.
If you want to appeal, there is a month's time limit to send in the SSCS1. If you have a really good reason the time limit can be extended, for a further 12 months, but then you may need to argue why the appeal is late. It is always therefore much easier to comply with the 1 month time limit.
I realise this is all very frustrating, but it happens frequently. I hope that you can find the strength to appeal.
Good luck.
I hope this helps.
LL26
I have come across numerous occasions where very strong evidence has simply been ignored by DWP. I don't why it happened, and it often appears that the evidence just hasn't been considered. Presumably you have asked for a copy of the assessment report (PA4)? This might shed more light on the decision.
However, since your MR hasn't changed your benefit I suggest that you need to make an appeal to the tribunal - this can be done online. Send the medical reports in again, and you can quite rightly make the comment that they have clearly been ignored as they prove your disabilities, and were not referred to at MR. If you have the PA4 you can comment on this too. Don't criticise every little point, work on about 4 or 5 major criticisms, maybe using bullet points.
Write all these things in the Grounds of Appeal. Also send in previous benefits awards, including the DLA/PIP ones and explain that nothing has improved (say if it has got worse) AND you now have not been awarded benefit. This change in benefit is called a Supersession. If DWP want to make a proper (lawful) supersession they will need to provide a full cogent explanation of the reason for the reduction in benefit. it sounds like they may struggle to do this, and hence the tribunal should re-award benefit at the same level (or perhaps higher if you are now more disabled.) When an appeal is lodged DWP should review the case again. It is possible that they will decide to reinstate your benefit.
If you use the online appeal form (SSCS1) I find that typing a lengthy Ground of Appeal in the box doesn't work very well. When you get the appeal papers that part of the form will often come out with no formatting, and is therefore one extremely long and hence difficult to read paragraph. Maybe type as Word doc and then attach. (It's a good idea to put page numbers and a header or footer with your name and NI Number on each page.) As I said above, send the medical reports as well. If you want you can state the previous points and that they still apply or should be increased and say what the new value should be.
If you want to appeal, there is a month's time limit to send in the SSCS1. If you have a really good reason the time limit can be extended, for a further 12 months, but then you may need to argue why the appeal is late. It is always therefore much easier to comply with the 1 month time limit.
I realise this is all very frustrating, but it happens frequently. I hope that you can find the strength to appeal.
Good luck.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KatM
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3 years 1 week ago #268119 by KatM
Replied by KatM on topic Additional evidence not considered
Thank you so much for this response - this is all incredibly helpful and I really appreciate you taking the time to reply, thank you.
The following user(s) said Thank You: LL26
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