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Evidence questions
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1 year 8 months ago #279456 by KT5755
Evidence questions was created by KT5755
Hello. I was wondering if I should send in more evidence, and how much evidence should be sufficient.
I have sent my tribunal appeal off and am waiting for the DWP response. I previously was awarded PIP in 2018 after a mandatory reconsideration, had a review form in 2021 and recently got refused it and a mandatory reconsideration.
The evidence I have sent so far is a letter from my therapist, outlining the issues I have with my conditions. I sent the same letter in 2018 and it was obviously sufficient then. I have also previously sent a diagnosis letter for one of my conditions.
I feel that this combined with the symptoms of my diagnoses, and the assessment by DWP from 2018 which has things in my favour, should be enough evidence. I did not have an assessment this time as they apparently used the wrong process for my review and they didn’t conduct one.
Would this be sufficient evidence, or is more evidence better? I’m not sure what else to send them.
Also, will the tribunal have the previous forms and evidence that I sent to the DWP? Or should I send them?
Thank you,
Katie
I have sent my tribunal appeal off and am waiting for the DWP response. I previously was awarded PIP in 2018 after a mandatory reconsideration, had a review form in 2021 and recently got refused it and a mandatory reconsideration.
The evidence I have sent so far is a letter from my therapist, outlining the issues I have with my conditions. I sent the same letter in 2018 and it was obviously sufficient then. I have also previously sent a diagnosis letter for one of my conditions.
I feel that this combined with the symptoms of my diagnoses, and the assessment by DWP from 2018 which has things in my favour, should be enough evidence. I did not have an assessment this time as they apparently used the wrong process for my review and they didn’t conduct one.
Would this be sufficient evidence, or is more evidence better? I’m not sure what else to send them.
Also, will the tribunal have the previous forms and evidence that I sent to the DWP? Or should I send them?
Thank you,
Katie
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- BIS
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1 year 8 months ago #279467 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Evidence questions
Hi KT5755
Your question is a tricky one to answer because some people put in very little evidence, and some people put in a huge amount. You can't put in evidence that doesn't actually exist, but I don't know whether you are able to get hold of anything more recent. For instance, if you still have contact with a therapist, a GP or any other medical professional who could give you an up-to-date letter to show that issues are ongoing. You could include a letter from a family member or friend if you have someone appropriate who can write a letter highlighting how your condition impacts on your daily life and/or mobility.
You may not have had an assessment this last time, but in the Mandatory Reconsideration, did they give a reason for why they thought your condition had improved? This should have been explained to you, and in your appeal, you should be highlighting why you think they are wrong.
You will receive the same bundle of papers for the Tribunal as the Panel will receive from the DWP and it should contain the relevant copies of forms. If you find something is missing, you will still have time to submit it.
BIS
Your question is a tricky one to answer because some people put in very little evidence, and some people put in a huge amount. You can't put in evidence that doesn't actually exist, but I don't know whether you are able to get hold of anything more recent. For instance, if you still have contact with a therapist, a GP or any other medical professional who could give you an up-to-date letter to show that issues are ongoing. You could include a letter from a family member or friend if you have someone appropriate who can write a letter highlighting how your condition impacts on your daily life and/or mobility.
You may not have had an assessment this last time, but in the Mandatory Reconsideration, did they give a reason for why they thought your condition had improved? This should have been explained to you, and in your appeal, you should be highlighting why you think they are wrong.
You will receive the same bundle of papers for the Tribunal as the Panel will receive from the DWP and it should contain the relevant copies of forms. If you find something is missing, you will still have time to submit it.
BIS
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1 year 8 months ago #279515 by KT5755
Replied by KT5755 on topic Evidence questions
Thanks for your reply.
The whole process from the review onwards has been kind of strange. They didn’t explain anything in the Mandatory Reconsideration, they just gave definitions for the activities, with nothing specific to me. They’ve also said they have info from a GP, but my GP surgery says that they have never been contacted by PIP.
With regards to newer evidence, my therapist used the same letter but dated it 2021 (when I sent things in for the review). They also wrote something new for the MR, but it was focussed on newer things. It says “further to my previous letter”, so it indicates that my condition has not improved. I know new things might not be taken into consideration, but I thought I’d let them know.
- Katie
The whole process from the review onwards has been kind of strange. They didn’t explain anything in the Mandatory Reconsideration, they just gave definitions for the activities, with nothing specific to me. They’ve also said they have info from a GP, but my GP surgery says that they have never been contacted by PIP.
With regards to newer evidence, my therapist used the same letter but dated it 2021 (when I sent things in for the review). They also wrote something new for the MR, but it was focussed on newer things. It says “further to my previous letter”, so it indicates that my condition has not improved. I know new things might not be taken into consideration, but I thought I’d let them know.
- Katie
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- BIS
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1 year 8 months ago - 1 year 8 months ago #279528 by BIS
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Replied by BIS on topic Evidence questions
Hi KT5755
I'm glad you have some up-to-date letters. It doesn't sound as if there's much else you can do apart from adding any corroborating evidence from friends or family.
BIS
I'm glad you have some up-to-date letters. It doesn't sound as if there's much else you can do apart from adding any corroborating evidence from friends or family.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 8 months ago by BIS.
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- KT5755
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1 year 7 months ago #280102 by KT5755
Replied by KT5755 on topic Evidence questions
Thank you for your previous help.
I have received the DWP response now, and it seems like their reason for refusal is based on a phone call they made to my GP. However my GP's surgery has no evidence that this phone call took place, and it is against their procedures anyway (where they would only reply to written requests from the DWP). They also don't mention the name of which GP they spoke to, and they have not provided a transcript of the call.
It seems like pointing this out to the tribunal should be a reasonable start to counter the claims of the DWP. Does this seem like a good course of action? Also, how admissable are telephone calls as evidence?
Thank you,
Katie
I have received the DWP response now, and it seems like their reason for refusal is based on a phone call they made to my GP. However my GP's surgery has no evidence that this phone call took place, and it is against their procedures anyway (where they would only reply to written requests from the DWP). They also don't mention the name of which GP they spoke to, and they have not provided a transcript of the call.
It seems like pointing this out to the tribunal should be a reasonable start to counter the claims of the DWP. Does this seem like a good course of action? Also, how admissable are telephone calls as evidence?
Thank you,
Katie
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1 year 7 months ago #280111 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Evidence questions
Hi KT5755
I would not waste my time criticising the phone call.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
I would not waste my time criticising the phone call.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gary
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