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Phonecall from DWP PIP nurse before tribunal?!

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5 years 2 months ago #226348 by Emma
Hi, my husband is due to attend a tribunal on 25th Feb. His award was reduced from enhanced care and enhanced mobility to standard mobility only in May last year, despite having sent in evidence from medical professionals. The assessor was wholly inaccurate in her report but that’s another story. MR made no change despite medic phoning PIP to describe how his disability affects him, and sending a further written report. It was as if they had not read her report at all.
In the meantime, he’s had a paper assessment for ESA and he has stayed on the support group, following his care team explaining why a face to face assessment would make his health worse.
Anyway, on Friday, a nurse called him to say that she had been asked to review his case as “new” evidence has been added to his file. This either has to be the original report sent for the MR in June/ July, or the ESA report. I don’t know why they had to ask him questions, but at any rate, what he said backs up the report written, which would show that he should have been awarded more points. The reports from his care team would show that he cannot so many of the things that the assessor says he can in her report. His medic is also attending the PIP appeal as she is so angry that his award was reduced and wants to give evidence herself to the panel, and we have written to the panel and DWP to let them know that this is the case.
Has anyone ever experienced anything like this before? What’s going on? Any ideas?

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5 years 2 months ago - 5 years 2 months ago #226387 by Gordon
E

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We have had several members report that the DWP is seeking additional information after the MR has been done, this is not their normal procedure and I would be concerned about what information might result from it as I would not expect it to be submitted to the Tribunal Service as part of your appeal, in fact, it may actually be excluded as it post-dates the Decision.

Gordon

Tags: @ADDEVIDENCE

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 2 months ago by Gordon.
The following user(s) said Thank You: Emma

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5 years 2 months ago #226391 by Emma
Thank you. It seems curious that they would phone and say new medical evidence had been submitted so they are reviewing the case when the evidence was sent along with the MR, and the tribunal date is next week. I’ll let you know how it goes!
Thanks for your help.

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5 years 2 months ago #226397 by Gordon

Emma wrote: Thank you. It seems curious that they would phone and say new medical evidence had been submitted so they are reviewing the case when the evidence was sent along with the MR, and the tribunal date is next week. I’ll let you know how it goes!
Thanks for your help.


The DWP can of course act on the basis of new information being available.

Gordon

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

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5 years 2 months ago #226426 by Emma
Yes, although it’s not new evidence - she said she wanted to talk about new medical evidence that had been sent in, but it was sent with the MR months ago. When I read the MR it seemed like they hadn’t looked at his medical report at all, so it wouldn’t surprise me at all if they have suddenly realised this and have decided they better read it, since I wrote to them to say that the report author would be attending the tribunal to give evidence....

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5 years 1 month ago #226483 by Emma
Hi,
Just to let you know we had another phonecall today from DWP. They’ve offered enhance rate mobility and standard rate care, up from standard rate mobility only.
They reviewed the evidence that was being sent to the tribunal, which was all existing evidence! He’s taking the award, but I do think he meets the enhanced descriptors in the daily care as well if he went to tribunal.
Thanks for your help.

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