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PIP Tribunal on **/12/2015 proof DWP have lied

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8 years 5 months ago #146396 by eeeachy
Hi,
I am coming (hopefully) towards the end of a full-on fight with the DWP for my PIP.
My tribunal was adjourned as I provided proof of having 2 assessments at home in consecutive weeks the rep for DWP in the tribunal insisted I had only ever had 1 (on their *cough cough* records)

The first assessment I passed (awarded 24 points)
7 days later I have no points.
I received first the award letter from the first assessment which was little difference from the original award and monies relating to it.
A month later I receive the second letter telling me I had ZERO points and am not eligible for any PIP at all (but my esa was kept at a level of £125 per week and they kept me in the group where you don't have to go for appointments).

This obviously I was very upset about, I appealed/appealed and now finally and this is after all this bol**cks;

1 face to face
7 days later face to face
2 appeals
1 mandatory reconsideration
Tribunal that was adjourned (as i had proof of 2nd assessment Tribunal asked DWP to provide evidence of assessment no2.)
No evidence was provided at specified date only copy of previous ESA assessment (older than 2 years)
1 relisting of hearing
DWP then asks for tribunal for relisting to be moved to later date.
DWP provides information their exact words 'Mr BlahBlah has NEVER EVER had a face to face assessment with Miss Ahh-haa'

*Also clearly stated on this document is that the court was not to show this document to me or my rep(CAB) This document then expresses to the tribunal that it (tribunal) should not go ahead for this following reason.

I have broken brains or MH problems this is the only reason I claim PIP.

This news obviously now is hurting me and very damaging personally as you can imagine, I am properly telling the truth.
DWP are the largest organisation in the land and are for want of better expression f***ing with my head/calling me a liar at the same time.

CAB are very surprised with this and do not know if i am lying, there is written in ink on the appointment for 2nd assessment a mobile number for said person for me to call if for any reason on my part that the assessment cannot go ahead.

CAB rings number and to my surprise (as i did ask CAB what if the person also denies meeting) but the person has morals and confirms appointment also provides written evidence.

CAB submits electronically at seventh hour on seventh day before tribunal lol
(DWP now cannot contest/submit tomtit or comment now till tribunal day).
Tribunal have acknowledged receipt of evidence and we all today received print out of our evidence, we don't want adjournment on grounds of this evidence as we actually don't need it, and wish to challenge decision maker decisions instead (if this makes any sense?).

Now I come to my question's;
for mods i guess as its to complicated for me to figure out.

Is what I have described unusual?

win/lose as no one actually knows what will happen it can go either way, do I have grounds for complaint of maladministration and the compensation for 'poor service'?

*My personal thoughts are due to my broken brains the service was dangerous, without hamming it up also potentially seriously harmful.

Everything is as true/accurate as described.

No dates or nothing identifiable in this post due to acceptance of fact there most likely are 'lurkers',

apologies for length of post if published

A Nonymous
(same name as the letters to the TV licensing team heh)

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8 years 5 months ago #146404 by Gordon
eeeachy

No! Your appeal is not normal :)

You post suggests that you now have proof of the two assessments being done, this being the case then I would have thought you have grounds for a complain, but I am not sure who to? To complain to the DWP you would need proof that they had received both assessment reports and had taken no action to reconcile the obvious differences between the two, it's not clear from your post whether this is the case. Failing that you could complain to the ESA Assessment Provider, although this is less likely to produce the result I suspect you are looking for, this would be on the basis of their scheduling two assessments.

I have to be somewhat cautious in answering your questions as you appear to have the assistance of the CAB and your first port of call in these matters should be them, they have access to all of your papers and are therefore in the best position to advise.

As to your appeal, whatever the facts of the two assessments, I would be surprised if the panel does not primarily concentrate on the PIP Descriptors and whether you meet the criteria for an award, so do not lose focus on this with all that is happening around you.

Gordon

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

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