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PIP Appeal - Bundle Contents

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5 years 1 week ago #229073 by Dib
PIP Appeal - Bundle Contents was created by Dib
Hi I have just received the DWP Bundle prior to Appeal. under Section 4 - Issues raised by the appeal
a paragraph states that in the initial application form, I was given the opportunity as part of the reassessment claim process, to identify and bring forward any medical evidence used to support my award of DLA. It then states that I didn't ask for any DLA evidence to be used in support of my PIP Claim!
I am somewhat confused I had been on DLA since 2001 on the higher rate for care component and mobility component indefinitely and each year I would receive a letter confirming this. The last letter was 9th March 2018.

Confused. Any advice how I could respond to this either at appeal or in a written submission before appeal. Thanks

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5 years 1 week ago #229089 by Gordon
Replied by Gordon on topic PIP Appeal - Bundle Contents
Dib

Forgive me but your question does not seem to relate to the information that you provided before it!

So were you asked if you wanted to include any evidence from your previous DLA award as part of your PIP claim?

Gordon

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

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5 years 1 week ago #229111 by Dib
Replied by Dib on topic PIP Appeal - Bundle Contents
Hi Gordon
sorry for the confusion. This whole process is doing my head in.

I was not asked in the inital call from DWP when starting the PIP Claim if i wanted evidence from DLA award in support of PIP Claim or on the paper claim form they sent me. However in the DWP bundle is the statement :-
Mrs ********* was given the opportunity on 19/07/2018, as part of the reassessment claim process, to identify and bring forward any medical evidence used to support her award of DLA. Mrs ******** didn't ask for any DLA evidence to be used in support of their PIP Claim.
and that the DWP oppose this appeal and ask the tribunal to dismiss the appeal and confirm the Secretary of State's decision
Dib

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5 years 1 week ago #229125 by Gordon
Replied by Gordon on topic PIP Appeal - Bundle Contents
Dib

Ignore the suggestion to dismiss your appeal, the DWP always include it in their submissions, ignoring the fact that the Tribunal has a duty to hear your case.

So how important is the DLA information to you?

If you do then consider making a fuss about it in your own submission for the appeal but make sure that you understand what evidence there might be and how it is relevant to the PIP activities. You might say that you were not asked and believe that the information would have made a significant difference to the Decision that was made. Be aware, forcing this issue can result in your hearing being adjourned for the DWP to provide the information so it could make an already long process, longer.

If you don't think the DLA information adds value to your claim then forget about the comment and concentrate on the things that do.

Gordon

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

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5 years 6 days ago #229230 by Dib
Replied by Dib on topic PIP Appeal - Bundle Contents
Hi Gordon
Thank you for the information. Everything seems so daunting regarding the appeal process. My boyfriend/carer will be going to the appeal with me for support and to speak on my behalf if needed.
Thanks

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