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Hi all - need advice following failed MR for PIP

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4 years 11 months ago #230967 by Brian1966
Replied by Brian1966 on topic Hi all - need advice following failed MR for PIP
Hi Gordon- some good points to considsr certainly. I think at the time we were, like many others probably, grateful for small mercies not ending up like some of the other horror stories on here.

I think that we need to think long and hard before persuing the appeal - not because we dont think we have a case, but due to the immense stress the process will put on my wife ( and frankly me too). It grates every time we come up against these people.

It remains 2 little points away from what I believe my wife is entitled to, but feels like a mountain to climb to get there.

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4 years 11 months ago #230971 by Gordon
Brian

You can make a Paper appeal that you do not have to attend although there will be time constraints on your submitting any submission that you might want to make.

A Paper appeal would be consistent with the problems that I assume your wife would have attending a hearing, other options are domiciliary hearing where the panel hold the hearing over a phone or video link.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #230973 by Brian1966
Replied by Brian1966 on topic Hi all - need advice following failed MR for PIP
Gordon - we are going to consider our options for a couple of days and if we decide to appeal I will come back with some concrete plan of approach which I hope you could cast an eye over.

I guess theres always a chance that they could 'cave in' prior to a hearing if I can make a strong enough case seeing as we are only seeking an additional 2 points.....a possible last roll of the dice before withdrawing close to a hearing if my wife cannot face the prospect.

I think if we end up not appealing we may well need to reapply based on how she is now as some of the descriptors in the Daily Living component test are probably applicable as well.

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4 years 11 months ago #230974 by Brian1966
Replied by Brian1966 on topic Hi all - need advice following failed MR for PIP
Oh - and I forgot to ask - what documents am I able to request from the DWP? I feel it may help me to be able to see reports and the thought process of the decision makers - no idea if thats possible...

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4 years 11 months ago #230976 by Gordon
Brian

The latest DM should have explained their reasons in the Decision Letter, I'm not aware of any internal documentation that they would complete, there will also be the original assessment report if you have not previously requested it, rightly or wrongly that will have been the primary evidence used.

There may be reports from your wife's GP etc. but it is unusual for the assessors to write to the claimants medical contacts.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 11 months ago #230977 by Brian1966
Replied by Brian1966 on topic Hi all - need advice following failed MR for PIP
To my knowledge we have never had sight of the assessment report. That would certainly be enlightening I'm sure. Do I need to write to them or call them to obtain it?

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