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Appeal complaint to DWP

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3 years 2 days ago #268261 by Jelly4toes.
Appeal complaint to DWP was created by Jelly4toes.
So , 2018 applied for pip . I’m interviews I explained in full about my MH issues re planning following a journey I explained as a child I had been raped and couldn’t go on public transport etc etc . Ignored awarded 0 points. IDWP said there was no evidence of MH issues as I wasn’t prescribed anti anxiety meds . The name of the drugs I am prescribed were right in front of them both on the form plus the prescription list provided. I rang asked for MR I explained it would take me a while to get further medical evidence. They said fine as the pip award was in place for a couple of years more . Don’t rush as soon it’s no problem we will wait . Hey presto they did te MR with inte next 2 days and refused to acknowledge MH and planning following a journey. A couple of o this later I got a leap letter 2020 I believe. I didn’t recognise or understand the letter I trusted them saying they’d reviewed my case etc 0 points for plan/ travel go on journey. Long story , but I set about an appeal in 2020 ( as my adviser got the years mixed up and didn’t realise that he was out of time to appeal ie 12 mth limit . ) DJ kicked it out . Then decided he would hear the case from a date in 2020. I was to appeal under following the route of a journey. As we get near hearing date zDWP ring me to say they’ve relooked at claim and now awarding me further amount of points to give me enhanced rate . Backdated to 2020. She wouldn’t backdateto 2018 as the DJ had ruled the relevant start date to start in 2020. When I got the paperwork DWP had still not awarded any points under planning following a journey . Just twiddled with the other section to award points but give me enhanced rates in all parts.
I’m very cross and feel cheated as I know I should have been awarded points under Plan journey etc from 2018. Also cross the adviser cocked up . So still to this day zero points awarded under follow plan journey. Here is my question …..
If I make a formal complaint to DWP is it possible that when they see that I was correct . I should have had points awarded asI have longstanding MH issues that cause overwhelming anxiety. Can the complaint reviewer compensate me for the total that I have lost from 2018 to 2020? To say they were incompetent and lied to me is an understatement. I know they don’t look at decisions as such but I see this as incompetence and asItesut I’ve lost out substantially ?? Can anyone share a thought please

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3 years 2 days ago #268268 by Gary
Replied by Gary on topic Appeal complaint to DWP
Hi Jelly4toes.

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

Sorry to hear of the problems you are having, your question is outside the remit of the forum.

You do need to see a Welfare Rights Specialist who can take all your circumstances into consideration such as a Law Centre; www.lawcentres.org.uk/i-am-looking-for-advice or Welfare Rights Organisation: you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

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3 years 2 days ago #268271 by pomaus
Replied by pomaus on topic Appeal complaint to DWP
Sorry Jelly toes,
Finding it a little difficult to understand the points you are trying to get across.
The beginning of your post sounds like you were refused Pip, applied for a mandatory consideration, you asked for extra time to gather more evidence and was told thats ok as your Pip award still has 2 years on it? that does not make sense to me.
Could you clarify what you mean.

Were you in receipt of the care component of Pip but did not receive anything for mobility and that is what you were contesting??

It sounds as though through a tribunal you are now receiving enhanced rate for both components ? if that is the case then there would be little point in appealing that as you are already on the maximum award and the extra points would not make any difference.

With regards to the following and planning journeys, not being able to use public transport does not give an automatic entitlement.
As the journey could be on foot, or in your own vehicle.
To score
". Cannot follow the route of a familiar journey
without another person, an assistance dog or an
orientation aid. "
or
"d. Cannot follow the route of an unfamiliar journey
without another person, assistance dog or
orientation aid. "

You would have to explain the disability or impairment, give an example of what happens when you under take this task and the effect that it has on you and also the kind of assistance that you have or need to undertake the activity.

I am afraid to say as far as I am aware, that just stating that you can not use public transport is not enough in order to score for this descriptor.
The following user(s) said Thank You: LL26

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