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Forgery?
- B3lla
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5 years 11 months ago #230215 by B3lla
Replied by B3lla on topic Forgery?
Hi Gordon
Does that mean I won't be entitled to any back payment If I am successful with the new claim?
Also below is from the 2nd rework sent to IAS and is what the DWP sent to IAS when they contacted them regarding the contradictions in the original report.
Query on recent PA4. Award descriptors inconsistent with activities. Same justification awarde for both the award and no award of points.
Activities 1, 4, 6, & 10 awarded for prompting due to low motivation - tense and reduced facial expression, difficulty coping at assessment, however, for activity 9, although this was mentioned in the justification, points have not been awarded, customer also tearful during the assessment.
Customer is prescribed Sertraline at 150mg as well as 3 lots of heart medication and pain relief for her heart condition and arthritis which doesn't seem to have been considered as throughly, unlike the ESA report in the same month.
Does that mean I won't be entitled to any back payment If I am successful with the new claim?
Also below is from the 2nd rework sent to IAS and is what the DWP sent to IAS when they contacted them regarding the contradictions in the original report.
Query on recent PA4. Award descriptors inconsistent with activities. Same justification awarde for both the award and no award of points.
Activities 1, 4, 6, & 10 awarded for prompting due to low motivation - tense and reduced facial expression, difficulty coping at assessment, however, for activity 9, although this was mentioned in the justification, points have not been awarded, customer also tearful during the assessment.
Customer is prescribed Sertraline at 150mg as well as 3 lots of heart medication and pain relief for her heart condition and arthritis which doesn't seem to have been considered as throughly, unlike the ESA report in the same month.
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5 years 11 months ago #230237 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Forgery?
B3lla
It means you will only get back payments from the date of the Decision appealed to the date of the new Decision.
I can't comment on the report snippet that you have included, there is no context to it so I don;t know what is important and what is not.
Gordon
It means you will only get back payments from the date of the Decision appealed to the date of the new Decision.
I can't comment on the report snippet that you have included, there is no context to it so I don;t know what is important and what is not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #230239 by B3lla
Replied by B3lla on topic Forgery?
Sorry Gordon
Should I cancel the other claim? An appointment still date hasn't been arranged.
In regards to the report snippet. I was only awarded 2 points. Also, should I bring that part of the report to the attention of the tribunal or will they read the whole report.
Sorry, there are so many inconsistencies and contradictions in my original report. It's hard to know where to start
Should I cancel the other claim? An appointment still date hasn't been arranged.
In regards to the report snippet. I was only awarded 2 points. Also, should I bring that part of the report to the attention of the tribunal or will they read the whole report.
Sorry, there are so many inconsistencies and contradictions in my original report. It's hard to know where to start
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5 years 11 months ago #230258 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Forgery?
B3lla
It's up to you whether you cancel the new claim or not but you would need to make sure that no Decision is made as a result of your doing so, as this will still limit and award made at an appeal.
I realise that this seems counter-intuitive to many people but the panel will primarily be looking at whether you meet the PIP Descriptors or not, they may have no interest in issues with the report. I'm not saying to ignore the report but it must be a secondary activity.
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
It's up to you whether you cancel the new claim or not but you would need to make sure that no Decision is made as a result of your doing so, as this will still limit and award made at an appeal.
I realise that this seems counter-intuitive to many people but the panel will primarily be looking at whether you meet the PIP Descriptors or not, they may have no interest in issues with the report. I'm not saying to ignore the report but it must be a secondary activity.
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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