Appeal Papers

I have received the submission from DWP for the PIP Tribunal Appeal. There is one section that mystifies me and would appreciate your views if you can provide any clarification on the section.

It states, 'Mr X was given the opportunity on xxxxxx, as part of the reassessment claim process, to identify and bring forward any medical evidence used to support his award of DLA. Mr X didn't ask for any DLA evidence to be used in support of their PIP claim'.

I had higher rate mobility DLA and low rate care indefinitely when I was advised that it was ending.

The above paragraph refers to the telephone claim that you are 'invited' to do.

I have provided medical evidence for my PIP assessment. The DWP did not seek medical evidence from my consultant or GP.

So what on earth is the DWP trying to tell the Tribunal....that I the medical evidence used by DWP to award me the DLA is irrelevant to POP?

Gordon wrote: Old Crock

They are trying to imply that you did not think that the evidence supplied for your DLA award was relevant to your PIP award or you would have requested it.

Gordon

Identical, or very similar, wording was used by the DWP on their PIP appeal submission for me. It irritated me as it seemed to me to imply that I was somehow 'deficient' regarding this and that the DWP had done everything to help, they had not of course! When I went to my PIP appeal, which I won, towards the end of last year I decided to 'complain' to the judge about this. I explained to her that during the initial PIP phone call I was asked if I had any evidence from my DLA claim that I wanted to be considered for my PIP claim. I told the DWP official that when I originally claimed DLA I had enclosed supporting evidence but this was a very long time ago - in the 1990s - and I did not have a copy of that evidence. I did tell the DWP official however that this was of course sent to the DWP so they would have had it. In this sense of course I did 'identify' that there was such evidence and that they would {have) had it. The judge, who was excellent, explained that the PIP Tribunal sometimes asks for any DLA evidence, but intimated that this was not necessary in my case and that in any case evidence from that long ago was unlikely to still be available! As mentioned I went on to win my appeal and hope you will do too OC. I wouldn't put much weight on that comment on their PIP submission, I think it's the usual standard waffle they use sometimes!

Yes I thought so and I fully intend to use the fact that DWP decided that I was unable or virtually unable to walk for a higher rate mobility award which as I understand it is generally regarded as less than 50 metres.

Yet 6 years later with the degenerative condition of severe heart failure DWP decided I have improved and can walk 50-200 metres.

I do not recall ever being asked by DWP if I wanted to use my DLA evidence and I find this really quite underhand and unbecoming of a government body.

Gordon wrote:

Old Crock wrote: I do not recall ever being asked by DWP if I wanted to use my DLA evidence and I find this really quite underhand and unbecoming of a government body.

You should have been asked when you made the claim for PIP.

Gordon

Yes, that was what I thought too Gordon. When I had my initial PIP phone call it was quite clear to me that the DWP official was reading from a script - and did so in a somewhat 'robotic' way! - and she also referred at one stage to moving onto another 'screen' so it was quite clear this was a screen-led procedure. It would seem strange then if this particular question was missed out during the OPs PIP phone call and if it was I would have expected the software the DWP official was using to have flagged up that that particular 'field' on the form had not been completed. Not to worry though as the OP can still of course send in any further evidence they do have. I also hope they will make their own submission to the tribunal in which they can mention that they were awarded DLA indefinitely and at what rates etc, this is what was done (I had a welfare rights representative) in my case.