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Disputing activity scores,PIP
- Perdita
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1 year 11 months ago #277039 by Perdita
Disputing activity scores,PIP was created by Perdita
If you have not disputed the score for an activity whilst doing a MR regarding other activities, can you pick up the one you didn't dispute at the Appeal stage?
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- LL26
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1 year 11 months ago #277049 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Disputing activity scores,PIP
Hi Perdita,
I touched upon this point in your other post which I have now answered.
The answer is yes you can raise matters at appeal not raised at MR.
This can sometimes happen when a claimant does their own form or MR, and then an advisor thinks a further descriptor should be argued. The problem is however one of credibility.
DWP and/or tribunal will rightly point out why are you now claiming another descriptor. The 'I've now had advice' argument can work if the tribunal can now see that you have an advisor who was not present before However, without this scenario, you may struggle to convince the tribunal that you are credible if more points are now being argued. The trouble is that it now looks like you are exaggerating, and you are making things up; unfortunately this is very likely to lead to a failed appeal. Consistency is very important.
If you have mentioned something on the claim form, but forget to pursue it at MR, then this isn't such a problem Nevertheless, if you can mention something at MR and haven't, this looks very strange!
I hope this helps.
LL26
I touched upon this point in your other post which I have now answered.
The answer is yes you can raise matters at appeal not raised at MR.
This can sometimes happen when a claimant does their own form or MR, and then an advisor thinks a further descriptor should be argued. The problem is however one of credibility.
DWP and/or tribunal will rightly point out why are you now claiming another descriptor. The 'I've now had advice' argument can work if the tribunal can now see that you have an advisor who was not present before However, without this scenario, you may struggle to convince the tribunal that you are credible if more points are now being argued. The trouble is that it now looks like you are exaggerating, and you are making things up; unfortunately this is very likely to lead to a failed appeal. Consistency is very important.
If you have mentioned something on the claim form, but forget to pursue it at MR, then this isn't such a problem Nevertheless, if you can mention something at MR and haven't, this looks very strange!
I hope this helps.
LL26
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- Gary
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1 year 11 months ago #277050 by Gary
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Replied by Gary on topic Disputing activity scores,PIP
Hi Perdita
The Appeals Tribunal will look at all of your claim, disputed or undisputed, they will inform you that they are only interested in how you were at the date you had your assessment, if you try to inform the Tribunal your condition has deteriorated then they will advise you to apply for a change of circumstances, they will only be interested in how you were when you were assessed.
Gary
The Appeals Tribunal will look at all of your claim, disputed or undisputed, they will inform you that they are only interested in how you were at the date you had your assessment, if you try to inform the Tribunal your condition has deteriorated then they will advise you to apply for a change of circumstances, they will only be interested in how you were when you were assessed.
Gary
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- Perdita
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1 year 11 months ago #277056 by Perdita
Replied by Perdita on topic Disputing activity scores,PIP
Thank you. All is mentioned on the Review form. It is just that a case manager when I was talking to him about my award and why my points were scored so low, told me that whilst two of my descriptors were worth disputing, another two descriptors were not worth disputing. I get this, because the two he said are worth disputing are very strong on evidence already, but the two he said were not worth disputing I don't have great evidence for (plus I cannot get evidence for these because of my being housebound and inability to do face to face engagement).
I think I have enough evidence that was sent with the Review form really for two of the descriptors I want to dispute - it is just that the DM has not looked at them properly I think. However, I have got now a further letter from my my consultant regarding my mental health and face to face, because the score of 2 rather than 8 was so wildly wrong, and my consultant has reiterated the severity of my face to face engaging issues in this new support for MR letter.
I think I asked this, but cannot see the answer here, but can I just check when doing the MR request letter with my disputes, do I just send this new letter of support for MR. I mean should I resend any of the Review form evidence? Or just reference it?
I think I have enough evidence that was sent with the Review form really for two of the descriptors I want to dispute - it is just that the DM has not looked at them properly I think. However, I have got now a further letter from my my consultant regarding my mental health and face to face, because the score of 2 rather than 8 was so wildly wrong, and my consultant has reiterated the severity of my face to face engaging issues in this new support for MR letter.
I think I asked this, but cannot see the answer here, but can I just check when doing the MR request letter with my disputes, do I just send this new letter of support for MR. I mean should I resend any of the Review form evidence? Or just reference it?
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- Gordon
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1 year 11 months ago - 1 year 11 months ago #277067 by Gordon
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Replied by Gordon on topic Disputing activity scores,PIP
Perdita
Forgive me for being a little confused, have you completed the MR process or not, as your previous posts were about an appeal to the Tribunal Service?
In either case, you should not need to resubmit any information but I would certainly refer to it specifically in any MR or Appeal.
Gordon
Forgive me for being a little confused, have you completed the MR process or not, as your previous posts were about an appeal to the Tribunal Service?
In either case, you should not need to resubmit any information but I would certainly refer to it specifically in any MR or Appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 11 months ago by Gordon.
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1 year 11 months ago #277079 by Perdita
Replied by Perdita on topic Disputing activity scores,PIP
Gordon, thank you. I am currently planning on doing an MR request this week, but have little time to do it in. I am waiting for phone advice from a Welfare Rights benefits adviser but I think that will not come this week. Therefore I m thinking of focusing my MR request letter on the obviously incorrectly scored activities. I was asking the Appeal questions because I wanted to know how I stood if I made a bad job of my MR as in not disputing enough activities, whether that could be rectified at Appeal stage. Currently I am thinking I need the' obvious to dispute' activities to stand out, and not get lost amongst my disputing activities that are probably not worth disputing.
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