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PIP assessor walked out! 11 months 2 weeks ago #243878

Dan

If you think it will be helpful then send it.

If you are going to address the issues raised in the report then try to undermine them rather than addressing them directly, otherwise, you will end up with a "he says/they say".

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

PIP assessor walked out! 11 months 5 days ago #244568

I got a brown evelope letter today, dated 10th Feb (before I sent the last load of evidence and refutation of points) and it wasn't verturned! They claim to have looked at "evidence", but there was none from ATOS that I could see. I don't think they waited a month (I said I'd provide new evidence in a letter dated 20th Jan) for me to send my last letter that I mentioned. I'm pretty distraught. All my DLA just wiped out, gotta start again w/ PIP & no money for essentials now. Gonna lose my SDP too. I guess the system works! Hurrah for Cameron et al!

Anyway, I'm not sure wtf to do now, letter says "call to discuss", but that's prolly a dead end. Should I start the appeal now, or question (phone) why the last lot of evidence wasn't waited for? Last letter dismissed most of the points raised by the assessor one by one.

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PIP assessor walked out! 11 months 5 days ago #244570

They (DWP) didn't give me the 30 days I thought they should have when you tell them you are sending further evidence. I was told you only get 28 days from the start of MR to send in new evidence, that's it.

I sent a letter on the 20th (they say they received it on 29th) saying I'd send further evidence. They made a decision on 10th Feb. The woman on the phone said they'd look at the fresh evidence to see if it would've made any difference or something, maybe reconsider the reconsideration or w/e. Not sure if that's just them gassing me.

Should I start my appeal now? I'm left in limbo, nobody knows the in & out of anything @ DWP. The PIP2 form I filled in to merge / restart claims was misunderstood by the (well trained!) staff, although I dunno wtf I'm doing atm, either. Should the fresh claim start now? Or should I wait until they re-reconsider? Was that (seeing if the fresh evidence would make a difference to the MR) just made up? ¯\_(ツ)_/¯

Oh well, at least I know one thing for certain. I didn't think it was possible, but there really is music I hate more than The Four Seasons!

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PIP assessor walked out! 11 months 5 days ago #244571

Hi Dan Statham

Yes I would start completing the SSCS1 form, I usually copy the MR details and add any additional information that has not been sent in or you do not believe the decision maker has read. Check out our guides as they are well written for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

Don't forget to keep a copy of everything you send, and send it by recorded delivery to HMCTS not to the DWP, if you add extra pages, number them and add your name and National Insurance number and staple them together.

I know it can be quite frustrating and it can take quite a long time to get a hearing listed unless you agree to a short notice. I never agree to a short notice as I need at least three weeks notice which I write on the forms if the claimant wants me to go with them. Depending on where you live in the country, but across the East Midlands area the waiting tme varies from 24 weeks to 59 weeks.

We have recently had quite a few claimants receiving phone calls from DWP revising their decision to a more favourable one and those where we have attended at Tribunal even with a DWP Presenting Officer present we have been successful.

Gary
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PIP assessor walked out! 11 months 5 days ago #244577

Just got off the phone from the MR "team", who also didn't know wtf they were talking about. They apparently only deal w/ people who have had an assessment, confuses them. As if that makes a real difference, when the assessor makes things up! Apparently they will look at it again because of fresh evidence, and I guess because I sounded convincing enough on the phone. They prolly realise that they should've waited 30 days and goofed. Although nobody would explicitly admit it. Is that the case? Are you supposed to get 30 days if you request it?

They kept banging the "28 days from start of MR" drum, although it literally took a month for the podiatrist to get authorisation and stuff. I guess they prolly know this at the DWP, give people even less time than they reasonably need to shoot down ATOS nonsense.

Another thing that really bothered me is that (my) evidence is considered null and void. Apparently "everybody has a right to their voice" or some such. The assessor (ATOS) provided no hard evidence, and actually supported me (accidentally) in two instances, but was still believed. Let alone about the contradictions in the assessor's ridiculous story. Enough to have the MR upheld. I have evidence of at least three different health professionals supporting me. You'd think it would count for something! Even supposedly "undermining" their word counts for nothing. What gives? Believe the unbelievable.

Also they said that a PIP2 form needs to be an "original" or somesuch - needs "barcodes". Mine was just dl from the internet, I think (?) both the 2019 and 2020 forms. Is that right? Cos my claim may be invalid! Guess I shouldn't have said anything, I hope it doesn't get cancelled out. Is this right or wrong? Do I really need to ring up for a form? What is this "barcode", cos I just wanna c/p the info to the form I got on my computer. I hope they were just DWP gasslight 101?

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PIP assessor walked out! 11 months 5 days ago #244589

Another additional question:

When I appeal this to a tribunal (decision to overturn ridiculous "uncooperative thing) can I get the tribunal to rule on my eligibility for PIP at the same time? I'd prefer to take my chances with them, even if the DWP decide to overturn and continue in the meantime. At least they give some weight to actual evidence (I'm assuming). Can I even do that? I mean, continue w/ tribunal appeal, despite having active claim? I noticed that the MR team person sounded noticably disappointed, and noticably more cooperative when I said I'd defo (!) be appealing - and couldn't wait to have my side heard by someone with no axe to grind / money to save. I didn't put it quite like that, but still!

Also, I'm not sure who to have as a representative. I've got a (sightless) friend Paul whose brother acts as a rehab worker and apparently loves taking on the DWP / ATOS / et al. I'm not sure if he does tribunal stuff, or will be available? Also, is it ok to ask anyone here (B&W) to do the same? Or even will be available? I'm in Kent, so I dunno if there's anyone best qualified? I guess I could ask my counsellor (blindness et al) to go, but he's busy af, and I have no idea how far it is or anything.

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