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DWP seem to be obstructing appeal.
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7 years 6 months ago #169581 by Inspector
DWP seem to be obstructing appeal. was created by Inspector
A friend has asked me to help with her appeal against PIP mobility decision, unfortunately she did not keep a copy of her initial application and despite two requests for the HP report, one in writing in a recorded delivery letter, it has not arrived.
I telephoned 7 days ago and the DWP assured me that they had not received the recorded letter request, but would put the HP report in the post as soon as possible.
I also telephoned the Tribunal Service for advice and they advised to put in the appeal, all be it late, and explain the reasons why it is late in the appropriate section.
The HP report has till not arrived, and personally I think they are playing games (shock horror)
Should I proceed with the appeal form, explain and demonstrate the DWP's obstructive attitude, and failure to provide a HP report, and base the appeal on the MR letter that was received nearly a month go?
Regards
I telephoned 7 days ago and the DWP assured me that they had not received the recorded letter request, but would put the HP report in the post as soon as possible.
I also telephoned the Tribunal Service for advice and they advised to put in the appeal, all be it late, and explain the reasons why it is late in the appropriate section.
The HP report has till not arrived, and personally I think they are playing games (shock horror)
Should I proceed with the appeal form, explain and demonstrate the DWP's obstructive attitude, and failure to provide a HP report, and base the appeal on the MR letter that was received nearly a month go?
Regards
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7 years 6 months ago #169588 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP seem to be obstructing appeal.
Lewis
Has your friend completed a Mandatory Reconsideration? If they have not then they cannot appeal until one has been done.
If an MR is required then the most important thing is for the request to be made within one month of the Decision, you should not wait for the report to do this.
Your friend should have received the Decision Makers Statement of Reasons as part of the Decision Letter this should give you some understanding of what points were scored and why. Although challenging the assessment report is important, your friend will not receive an award without showing that they meet the criteria for one, you may struggle to show this without their PIP2 being available and may need to go back to basics and effectively re-create the PIP2 from scratch.
Have a look at our PIP Appeal guide and PIP Claim guides form more information.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Has your friend completed a Mandatory Reconsideration? If they have not then they cannot appeal until one has been done.
If an MR is required then the most important thing is for the request to be made within one month of the Decision, you should not wait for the report to do this.
Your friend should have received the Decision Makers Statement of Reasons as part of the Decision Letter this should give you some understanding of what points were scored and why. Although challenging the assessment report is important, your friend will not receive an award without showing that they meet the criteria for one, you may struggle to show this without their PIP2 being available and may need to go back to basics and effectively re-create the PIP2 from scratch.
Have a look at our PIP Appeal guide and PIP Claim guides form more information.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 6 months ago #169647 by Inspector
Replied by Inspector on topic DWP seem to be obstructing appeal.
Thanks Gordon,
Seems like another success for the wonderful offices of the DWP.
My friend only spoke to me after being turned down at the Mandatory Reconsideration stage.
The four week window for appeal expired today and she does not have a copy of her original PIP1, HP Assessment, or much documentary medical evidence.
She has the care component at the higher rate and she, and I are concerned that a speculative appeal at this stage may result in a loss or reduction of that.
Her mobility car from her DLA award has been returned and she has used the £2000 to purchase another vehicle.
Would you agree that to continue at this stage is risky?
How long before she can apply for PIP again?
She is now aware of the assistance available here, and I will encourage her to join as soon as possible.
I really don't think the general population really comprehend the divisiveness of the DWP when asking for help.
Regards
Seems like another success for the wonderful offices of the DWP.
My friend only spoke to me after being turned down at the Mandatory Reconsideration stage.
The four week window for appeal expired today and she does not have a copy of her original PIP1, HP Assessment, or much documentary medical evidence.
She has the care component at the higher rate and she, and I are concerned that a speculative appeal at this stage may result in a loss or reduction of that.
Her mobility car from her DLA award has been returned and she has used the £2000 to purchase another vehicle.
Would you agree that to continue at this stage is risky?
How long before she can apply for PIP again?
She is now aware of the assistance available here, and I will encourage her to join as soon as possible.
I really don't think the general population really comprehend the divisiveness of the DWP when asking for help.
Regards
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7 years 6 months ago #169654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP seem to be obstructing appeal.
Lewis
If the MR has been complete then they can still go to appeal, if they are outside the one month from the sate of the MR letter then they will need to explain why the request is late, I would be surprised if the TS rejected it. The PIP Appeal guide has links to the SSCS1 that they will need to complete and instructions on how to complete it.
Or, they can make a new claim as soon as they want, I would be cautious of doing both although it is an option, as the Decision from a new claim will limit any Tribunal result they might get.
If she appeals then then the Judge is required to warn her if they are considering a reduction in the Daily Living award so that she withdraw the appeal.
Gordon
If the MR has been complete then they can still go to appeal, if they are outside the one month from the sate of the MR letter then they will need to explain why the request is late, I would be surprised if the TS rejected it. The PIP Appeal guide has links to the SSCS1 that they will need to complete and instructions on how to complete it.
Or, they can make a new claim as soon as they want, I would be cautious of doing both although it is an option, as the Decision from a new claim will limit any Tribunal result they might get.
If she appeals then then the Judge is required to warn her if they are considering a reduction in the Daily Living award so that she withdraw the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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