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Letter received from DWP re PIP review.

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4 years 5 months ago - 4 years 5 months ago #240118 by Loubylou
Replied by Loubylou on topic Letter received from DWP re PIP review.
Hi Gordon,

Looking for your invaluable help again if I may,

I am still on my response to the DWP bundle. None of it made sense.

This whole thing came about when on my review for PIP a person called [removed] ignored my review form yet went to my first application and contacted a CBT from 2017.

He dutifully responded and said he had no more sessions with me etc.

[removed] according to the DWP this morning recorded this as a factual GP report in my tribunal submission! I was told they
“categorise” it as that GP or not.

I am shocked at this! A GP report is a factual report, she rang someone who said “she is no longer under my care” how can they do this?

I was put through to someone in their appeals team, I asked where [removed] report is, she said there isn’t one? Even though she was the one who contacted ex CBT and ignored up to date details.

Where do I go from here? How can I submit further evidence, all the evidence I gave was at MR stage, but hearing this nonsense I feel my case was screwed up more than I know!

What should I do now?

Kind regards.
Last edit: 4 years 5 months ago by Gordon.

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4 years 5 months ago #240129 by Gordon
Replied by Gordon on topic Letter received from DWP re PIP review.
Loubylou

Were any assumptions of conclusions made as a result of your not having the CBT anymore?

If there weren't, then it is nothing to worry about.

If there were, then, first of all, it is just a statement of fact, I assume you are no longer having CBT. Next, what have they assumed or concluded? Can you deal with this by reference to your evidence? Lastly, you can always depreciate anything they have said by just stating that the information ins from 2017 and was already out of date by the time you were assessed.

Don't lose track of the fact that your appeal will be won by your showing that you meet the criteria for a higher award, the panel is going to be looking at your statements first and the DWP's second.

You send your information to the Tribunal Service, their letters will have the address, don't forget to include your Tribunal Reference Number on anything that you send. Try not to send it piecemeal creating anomalies in the information that the panel will look at.

It's not always about new evidence, the panel will see everything that you have already sent and you can refer to it in your submission, use the page numbering added by the TS.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Loubylou

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4 years 5 months ago #240133 by Loubylou
Replied by Loubylou on topic Letter received from DWP re PIP review.
Thanks Gordon, it’s hard trying to get my head around this never mind yourself or a TS.

This person who wrongfully contacted an old CBT.... my question to them was why did they do so when they up to date info on a CPN nurse on my review form.
IAS stated they never had access to this but it’s clear on the DWP statements of fact they did, or at least the DWP had this info so why would you ignore an up to date CPN but contact someone who is no longer involved in my care. Then make a decision, and only because I rang immediately when I got the text saying “we have all the info we need” asking how they could come to a decision when they hadn’t spoken to anyone, then a second assessor writes another report dated the same day?

The second thing I don’t understand is my CBT said exactly at the time what my CPN said now, they awarded differently now than back then, back in 2017 the DWP realised an error and rectified that particular error in points going from 7 to 8 points therefore awarding only daily living, this was during the MR process so I believe this wasn’t looked at, at all and my CBT submitted his report separately and at least a month after this. Yes it’s my fault I should have challenged it at the time, but I was so exasperated to even get that far.

I believe his report wasn’t even looked at also.

My question is, (sorry for the mumbo jumbo) if the TS was to look at both reports, would they not see that nothing has changed....apart from the person looking after me, and question why now merit a higher award but back then no? It does honestly feel like they were trying to cover up for first assessor and to tell me a non conversation is recorded by them as a factual GP report, is that not fraudulent?

I don’t know how to word this to the tribunal, just for other users, i’ve Asked for a paper hearing, and was told it’s on the 25th of this month, that’s whybi’m Panicking, need to get any more info in pronto.

Kind regards.

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4 years 5 months ago #240135 by Gordon
Replied by Gordon on topic Letter received from DWP re PIP review.
Loubylou

Don't get bogged down with this issue, I'm not saying that you should ignore how the DWP came to their Decision but the panel will be starting from scratch and may not place the same emphasis on it as the DWP did.

Part of the process that the panel should go through is looking at whether there has been any change to your limitations since the previous assessment but this still requires you to show that there have not been.

How you word this does not have to be any different from how you would word it here, this is not a law case as you might see on the TV, this is three people with experience of disabilities and an understanding of the PIP criteria looking to see whether you meet it.

Gordon

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

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4 years 5 months ago #240137 by Loubylou
Replied by Loubylou on topic Letter received from DWP re PIP review.
Thanks Gordon,

You’re putting my mind at ease, I need to stop and think of that, these people are not the DWP........
..

Thank you. At least I have a date, don’t have to spend months waiting, I shall let you know the outcome, good or bad, thanks for all your help.

Kind regards.

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4 years 5 months ago #240358 by Loubylou
Replied by Loubylou on topic Letter received from DWP re PIP review.
Hi Gordon, I called the DWP last Friday asking why they had submitted a bundle stating actual GP report, (when that was untrue) no such thing exists, also they had named on their statement of facts lots of headings “ medical evidence received” when I checked the pages they were referring to a SAR I had requested which was totally ignored, they referred to this twice as medical evidence received? Next thing I know, they have submitted a new bundle to me, and this information has been changed/omitted. Can they do this?

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