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PIP - Communication and Engagement

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6 years 11 months ago #135972 by JRW
Replied by JRW on topic PIP - Communication and Engagement
Hello,

I wrote to the courts and I have today received a Registrar's Directions Notice giving the DWP

1. a further 28 days to proviee a response and written reasons for failure to send response.
2. If no response within 28 days then clerk is to list for oral hearing, 3 people panel and a presenting officer to attend.

Not received any paperwork from DWP since starting appeal but do already have assessors report. If Presenting Officer attends, shouldn't I have copies of their reasons beforehand?

Is it good or bad that the DWP haven't responded in the time limit or normal? Could it be that they can't justify refusing me an award?

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6 years 11 months ago #135982 by Gordon
Replied by Gordon on topic PIP - Communication and Engagement
JRW

We have seen this happening a lot recently (relatively), it is most likely because the DWP have pulled staff off of this area in order to provide more resource for the PIP Decision process.

I don't think that you can draw any conclusions as to the strength of the DWP's case or not, by their not providing any information.

If the DWP do provide more information, even on the day of the hearing, there are restrictions on the amount that the panel will accept on the day, then you will automatically receive a copy.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #136126 by JRW
Replied by JRW on topic PIP - Communication and Engagement
Hello Gordon,
Bundle has arrived.
1st point - valid claim for pip was accepted by phone on 30/7/13. Only two things wrong with that - (a) I didn't phone, I wrote, and (b) I was out of the country on that date !

There are masses of other points which I will have to go through the paperwork but they totally seem to be ignoring everything I've given them. I will meet with my support next week but should there be a form or something that I complete to submit my side of the case to the court? Also there is no case law in this. I have an appointment with my consultant next week but I don't know how to ask him for him to provide with a statement to support my case? Also it states, my husband helps me with communication when i am not at work - what about when I am at work - other people support me there but that's not mentioned, I use a mobile - not for making calls - only text and that was made very clear to them. Lots more so do I just go through it and explain the errors and basically start from scratch to explain my situation?

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6 years 11 months ago #136138 by Gordon
Replied by Gordon on topic PIP - Communication and Engagement
JRW

There's no form for you to complete for your Tribunal submission, it's entirely up to you how you construct it.

As you have already completed the PIP2 form you should probably make this the centre of your response, if I was to do one then I would include the following.

- a cover page detailing who you are and what you are appealing
- an index page to everything in the document
- a brief overview of why you believe you have an award and a paragraph for each Descriptor
- A detailed breakdown of each relevant Descriptor with references to content in the submission but also to the evidence pack, remember to use the courts page numbering for the latter
- any new evidence

remember to number every page and if you can, number each paragraph although you should wait until it is completed to do this.

You should be wary of Case Law, there's actually very little for PIP yet and where there is it is very specific, the basic rule is; if you don't fully understand it, don't use it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #136485 by JRW
Replied by JRW on topic PIP - Communication and Engagement
Hello gordon.

Can you point me towards the correct wording I should use as I want to write to my consultant and ask for confirmation of my disability, and if i can ask him to confirm how my disability would limit me in Communication and Engagement. Thank you

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6 years 11 months ago #136493 by Gordon
Replied by Gordon on topic PIP - Communication and Engagement

JRW wrote: Hello gordon.

Can you point me towards the correct wording I should use as I want to write to my consultant and ask for confirmation of my disability, and if i can ask him to confirm how my disability would limit me in Communication and Engagement. Thank you


The simplest thing for you to do is to copy the Descriptor from the PIP Claim guide, removing the point scores and ask your consultant to indicate which element they think applies to you and then to briefly explain why they believe this,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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