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MR Failure - Onto Appeal, Question
- TD888
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4 years 7 months ago #236228 by TD888
MR Failure - Onto Appeal, Question was created by TD888
Hello all, my friends PIP mandatory reconsideration arrived in the mail today (21st August) dated 14th August. The text saying they received the request was sent on the 2nd July so a 7 week wait.
Surprise surprise they agreed with the flawed medical report and scored him 0 on everything, dismissing the evidence we sent to them. The letter was rather infuriating due to that, and the fact there were spelling mistakes and parroted untruths from the medical which we proved to be incorrect (Which indicates to me that they didn't even read the information we sent)
So now it's onto the appeal stage, going to have to be a paper based one because my friend isn't mentally fit to travel and meet strangers.
My question is this, when I submit the Appeal, do I need to re-send all of the evidence that I sent to the DWP? I've just poured myself a glass of something calming and am about to sit and read through the guides.
Many thanks for your help, looks like this is going to be a very difficult and stressful year.
Surprise surprise they agreed with the flawed medical report and scored him 0 on everything, dismissing the evidence we sent to them. The letter was rather infuriating due to that, and the fact there were spelling mistakes and parroted untruths from the medical which we proved to be incorrect (Which indicates to me that they didn't even read the information we sent)
So now it's onto the appeal stage, going to have to be a paper based one because my friend isn't mentally fit to travel and meet strangers.
My question is this, when I submit the Appeal, do I need to re-send all of the evidence that I sent to the DWP? I've just poured myself a glass of something calming and am about to sit and read through the guides.
Many thanks for your help, looks like this is going to be a very difficult and stressful year.
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4 years 7 months ago #236230 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic MR Failure - Onto Appeal, Question
Hi Alex
Sorry that the MR was unsuccessful. No you don't need to resubmit all your evidence again, because it should be part of the papers that the DWP submit in their response.
BIS
Sorry that the MR was unsuccessful. No you don't need to resubmit all your evidence again, because it should be part of the papers that the DWP submit in their response.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 7 months ago #236232 by TD888
Replied by TD888 on topic MR Failure - Onto Appeal, Question
Thank you for that, as to new evidence, we're hoping to get a letter from his therapist and the GP said he didn't think he needed to give any evidence for an MR but would for an appeal, is there any sort of timeframe for sending in extra evidence?
I understand this is going to be a long process and I'm sort of used to having to jump through hoops in time to DWP timescales...
I understand this is going to be a long process and I'm sort of used to having to jump through hoops in time to DWP timescales...
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4 years 7 months ago #236236 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic MR Failure - Onto Appeal, Question
Hi Alex
Once you have lodged the appeal you actually have plenty of time to get the extra evidence. As long as it is submitted the week before your tribunal date (which gives the panel time to read it) it will be accepted. Now obviously you don't want to leave it until the last moment, but in most parts of the country, it is taking at least 45 weeks before one is held and in some parts - longer.
BIS
Once you have lodged the appeal you actually have plenty of time to get the extra evidence. As long as it is submitted the week before your tribunal date (which gives the panel time to read it) it will be accepted. Now obviously you don't want to leave it until the last moment, but in most parts of the country, it is taking at least 45 weeks before one is held and in some parts - longer.
BIS
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4 years 7 months ago #236239 by TD888
Replied by TD888 on topic MR Failure - Onto Appeal, Question
Thinking about that as time to get in extra evidence is the only possible way I can see the next 40+ weeks of my life not being stressful and depressing.
One final question, I'm not sure if anyone knows the answer but, Paper based hearings, what is the % success rate? I dearly wish I could get him out to an oral hearing, because anyone who spends more than 5 minutes with him can see how much he struggles.
Thank you so much for your help by the way, it's invaluable
One final question, I'm not sure if anyone knows the answer but, Paper based hearings, what is the % success rate? I dearly wish I could get him out to an oral hearing, because anyone who spends more than 5 minutes with him can see how much he struggles.
Thank you so much for your help by the way, it's invaluable
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4 years 7 months ago #236240 by BIS
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Replied by BIS on topic MR Failure - Onto Appeal, Question
Hi Alex
The DWP don't release that figure. At the last count 73% of tribunals were won by the claimants, but don't know how many of those were paper-based. Everyone says it is better for a claimant to appear in person, however, there are plenty of people who don't because they can't. A member yesterday said they have had two paper-based appeals and have won both. Someone else said they had not attended and sent along an advocate to speak on their behalf. However, to do this you (your friend) would have to get permission from the judge.
So if you're going for the paper-based - just make it as clear as you can and submit any additional evidence to back up your case. Also see if there is any case law that is relevant and if you think there is anything missing from the medical evidence about how your friend's condition affects him, see if you can find additional academic sources from reputable professional bodies.
BIS
The DWP don't release that figure. At the last count 73% of tribunals were won by the claimants, but don't know how many of those were paper-based. Everyone says it is better for a claimant to appear in person, however, there are plenty of people who don't because they can't. A member yesterday said they have had two paper-based appeals and have won both. Someone else said they had not attended and sent along an advocate to speak on their behalf. However, to do this you (your friend) would have to get permission from the judge.
So if you're going for the paper-based - just make it as clear as you can and submit any additional evidence to back up your case. Also see if there is any case law that is relevant and if you think there is anything missing from the medical evidence about how your friend's condition affects him, see if you can find additional academic sources from reputable professional bodies.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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