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PIP HP hasn't used evidence submitted
- laurisa1988
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1 year 7 months ago #280284 by laurisa1988
PIP HP hasn't used evidence submitted was created by laurisa1988
Sorry for the long post but I'm at a bit of a loss, I've not had to appeal before and am in need of some advice.
My partner was sent a letter for review on sep 21 it was filled out and returned within the deadline, we didn't hear anything until March this year when he had to have a video consultation.
The consultation was a joke, the audio wouldn't work and got disconnected, we then received a call about 10 mins later from the HP saying they were running late and she had to move the appointment to later in the day.
Anyway we received a decision letter awarding my partner 0 points across the board and I immediately requested a copy of the report.
The report is a mess and a true p-in-the-a to decipher but I got there and she hasn't used any of the review information we sent in stating there is no recent 'PIP2/Ar1' when I know we sent one in when they asked.
It also states 'all FE avaliable as of the date of this assessment has been reviewed and considered' now I have no idea what evens they're referring to exactly and the only mentions are from letters submitted with the original claim from 2019.
I submitted the mandatory reconsideration that has also come back with 0
The explanation on the reconsideration notice is more patronising than anything else. Explaining what is required to meet certain descriptors but not hint as to why my partner doesn't meet these requirements.
I put in the mandatory reconsideration that not all evidence had been used but it appears to have been ignored
They have only used the original assessors report and the letter we sent in with the mandatory reconsideration as evidence.
It looks like Nothing we sent in with the review back in 21 (and we sent so much) has been considered but I can't be completely sure.
Is there any way to find out exactly what they've used to make this decision or should I just start an appeal with what I do have?
Thanks in advance
My partner was sent a letter for review on sep 21 it was filled out and returned within the deadline, we didn't hear anything until March this year when he had to have a video consultation.
The consultation was a joke, the audio wouldn't work and got disconnected, we then received a call about 10 mins later from the HP saying they were running late and she had to move the appointment to later in the day.
Anyway we received a decision letter awarding my partner 0 points across the board and I immediately requested a copy of the report.
The report is a mess and a true p-in-the-a to decipher but I got there and she hasn't used any of the review information we sent in stating there is no recent 'PIP2/Ar1' when I know we sent one in when they asked.
It also states 'all FE avaliable as of the date of this assessment has been reviewed and considered' now I have no idea what evens they're referring to exactly and the only mentions are from letters submitted with the original claim from 2019.
I submitted the mandatory reconsideration that has also come back with 0
The explanation on the reconsideration notice is more patronising than anything else. Explaining what is required to meet certain descriptors but not hint as to why my partner doesn't meet these requirements.
I put in the mandatory reconsideration that not all evidence had been used but it appears to have been ignored
They have only used the original assessors report and the letter we sent in with the mandatory reconsideration as evidence.
It looks like Nothing we sent in with the review back in 21 (and we sent so much) has been considered but I can't be completely sure.
Is there any way to find out exactly what they've used to make this decision or should I just start an appeal with what I do have?
Thanks in advance
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- BIS
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1 year 7 months ago #280299 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP HP hasn't used evidence submitted
Hi laurisa1988
FE stands for "Further Evidence" - which is interesting in light of what you have said. On the end of the report, there should be a list of the information they looked at. If it's not there, you can assume they probably didn't look at the other information you sent in.
You can try and put in a subject access request on any notes that were made in compiling the report, but I know claimants have had little success in getting this sort of information, and in truth, I don't know what it's going to tell you. Whether they looked at your information or not (and you don't think they did), you disagree with their decision to award zero points. You could if you wanted, put in a call to the DWP and ask for a case manager to explain why your MR was turned down.
If you're going to put in for an appeal, you may want to get on and start that process. Do look at our guide to PIP appeals, which will explain the process.
Also, you want to go through and see if there's anything that you can do to strengthen your position. Go back through our Guide to PIP claims and check that you explained your partner's difficulties in the clearest way and you didn't miss anything. And if you can, try and understand why they think he didn't meet the criteria.
If you have any further questions, come back and ask and we will try and help.
BIS
FE stands for "Further Evidence" - which is interesting in light of what you have said. On the end of the report, there should be a list of the information they looked at. If it's not there, you can assume they probably didn't look at the other information you sent in.
You can try and put in a subject access request on any notes that were made in compiling the report, but I know claimants have had little success in getting this sort of information, and in truth, I don't know what it's going to tell you. Whether they looked at your information or not (and you don't think they did), you disagree with their decision to award zero points. You could if you wanted, put in a call to the DWP and ask for a case manager to explain why your MR was turned down.
If you're going to put in for an appeal, you may want to get on and start that process. Do look at our guide to PIP appeals, which will explain the process.
Also, you want to go through and see if there's anything that you can do to strengthen your position. Go back through our Guide to PIP claims and check that you explained your partner's difficulties in the clearest way and you didn't miss anything. And if you can, try and understand why they think he didn't meet the criteria.
If you have any further questions, come back and ask and we will try and help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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