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Missing Docs
- Hughie
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5 years 3 months ago #224306 by Hughie
Missing Docs was created by Hughie
Hi
I am hoping you might be able to help with the following;
My good friend of many years has had his DLA taken from him when he was migrated to PIP. He was on HRM and MRC and they gave him zero points at Tribunal. He did have a Welfare Rights Rep, but he tells me the Judge just wouldn't let either the Rep, or my Friend's Daughter have hardly any say at all. We have noticed that the DWP did not send my friend the Invitation to Claim PIP forms and where the Schedule of Events are printed it simply says N/A next to the boxes regarding this process. I am probably clutching at straws, but do we have any grounds for action over this? He did complete the PIP 2 from, so maybe we are just being unrealistic. They also ignored an ESA report. It was only 2 pages and had hardly any information on it, but they said they ignored it because they "preferred" the other evidence. Sorry about all this. It's just that we are hoping he can take this further as he has lost a great deal of income and just cannot comprehend how he has gone from an indefinite award of DLA down to absolutely nothing. Thank You for your consideration of this post.
I am hoping you might be able to help with the following;
My good friend of many years has had his DLA taken from him when he was migrated to PIP. He was on HRM and MRC and they gave him zero points at Tribunal. He did have a Welfare Rights Rep, but he tells me the Judge just wouldn't let either the Rep, or my Friend's Daughter have hardly any say at all. We have noticed that the DWP did not send my friend the Invitation to Claim PIP forms and where the Schedule of Events are printed it simply says N/A next to the boxes regarding this process. I am probably clutching at straws, but do we have any grounds for action over this? He did complete the PIP 2 from, so maybe we are just being unrealistic. They also ignored an ESA report. It was only 2 pages and had hardly any information on it, but they said they ignored it because they "preferred" the other evidence. Sorry about all this. It's just that we are hoping he can take this further as he has lost a great deal of income and just cannot comprehend how he has gone from an indefinite award of DLA down to absolutely nothing. Thank You for your consideration of this post.
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- Gordon
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5 years 3 months ago #224323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Missing Docs
HughJulie
If your friend had a Rep then they really need to speak to them about this as they will have knowledge of their claim.
I'll be honest, the missing form is a non-starter and unless the panel has failed to adequately explain their reasons for ignoring the ESA report and that assumes that it was relevant in the first place, then their doing so is not a reason for a further appeal.
Your friend can make a new claim for PIP, there is no waiting time.
Gordon
If your friend had a Rep then they really need to speak to them about this as they will have knowledge of their claim.
I'll be honest, the missing form is a non-starter and unless the panel has failed to adequately explain their reasons for ignoring the ESA report and that assumes that it was relevant in the first place, then their doing so is not a reason for a further appeal.
Your friend can make a new claim for PIP, there is no waiting time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Hughie
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- BIS
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5 years 3 months ago #224368 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Missing Docs
Your friend is not alone in not understand how they can be awarded indefinite DLA and PIP nothing. It certainly happens to quite a large number of people. In my view, there are two problems that seem to arise. - People assume because they had an indefinite award DLA they should naturally get PIP (and they shouldn't because it is so different) and secondly they do not show how their conditions impact on the criteria on the form. It's not enough to send in lots of medical evidence without saying how this supports the criteria.
Not saying that this was your friend, but it may have been and it's not great he wasn't able to defend himself at the tribunal. The guides here are outstanding and if your friend is up to applying again and you are helping, use the guides here. They don't guarantee success, but a lot of us have benefited from the advice on exactly how to fill in the forms and explain our issues. I don't believe you can find any advice better than what is here.
Not saying that this was your friend, but it may have been and it's not great he wasn't able to defend himself at the tribunal. The guides here are outstanding and if your friend is up to applying again and you are helping, use the guides here. They don't guarantee success, but a lot of us have benefited from the advice on exactly how to fill in the forms and explain our issues. I don't believe you can find any advice better than what is here.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Hughie
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