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DWP knowingly omitting evidence for tribunal
- Cat in a hat
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5 years 4 months ago #242216 by Cat in a hat
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DWP knowingly omitting evidence for tribunal was created by Cat in a hat
Hi,
advice needed. PIP appeal for tribunal well underway. Was transitioned from DLA to PIP and awarded 12 points for mobility and 5 for daily living'
Appealing the daily living decision. Im also in ESA support group and immediately prior to PIP daily living claim being rejected, had decision to move me out of support into WRAG overturned and was placed back in ESA support.
Both benefits were being reviewed /transitioned simultaneously. DWP relied heavily on AP medical report used for ESA (which was far more detailed and conducted by a GP, not a 'health professional generally'. For both ESA and PIP.
However, whatever descriptors they had used or not applied to determine the initial decision to move me out of support into WRAG, is unclear.
What is equally unclear, is to what evidence they had (quote) looked at fully again, was used to determine their decision to overturn the earlier ruling, lapse my appeal and find in my favour.
The only part of the this process that is clear, is that it was this more detailed report (conducted primarily for ESA purposes) and not the subsequent report by an AP who was NOT a physician, that was used to support my ESA claim to be kept in support, whilst being used to REJECT my PIP claim for daily living.
However, in the bundle, the DWP have failed to include crucial evidence that seems them lapse my esa to find in my favour. They have highlighted all the points used to reject my claim to remain in support group, yet failed to include the evidence that they overturned that decision and reinstated my benefits.
The WRU have also noted this failure by DWP to submit evidence that they made the decision to lapse my (esa) appeal due to finding in my favour.. Since DWP relied heavily on that medical report to both support and reject two different disability benefits, using that specific report, it is important that ALL the papers pertaining to that strand of evidence, be sent to HMCTS to be included in the bundle. (or am I missing something here in my belief that DWP cannot simply exclude/omit an important part of this evidence, because it supports my arguments and indeed, the same arguments they themselves agreed upon only two weeks before?
Im understood to believe that the bundle, is all the paperwork pertaining to the benefit claim from both claimant and DWP. This info and evidence is then sent to both parties prior to hearing so that the rule of law is applied fairly and impartially by Tribunal services.
(Do I have this correct so far?)
Said document, which DWP omitted from the bundle papers, have of course been included by me as they support my arguments to challenge DWP decision to reject my claim for daily living.
I have informed DWP on two separate occasions, in writing of this apparent 'oversight' on their part, in their failure to submit these pages to the tribunal.
I have also included this fact in my letter of official complaint about the DWP handling of my case, as well as alerting the tribunal to the conspicuous absence of this evidence.
DWP have in no way, acknowledged any of my communications pertaining to this omission, nor have they ever responded to my formal letter of complaint about my treatment by them and the stress caused, in the handling of my transition from DLA to PIP, up to and including this appeal by tribunal.
WRU supports my appeal on all the descriptors and points in which I am appealing; they are also going to make the panel aware of the DWP failure to disclose crucial evidence.
Ive suggested to DWP many weeks ago, that if this omission were a genuine oversight, then I would accept an apology and that my Daily living be awarded and all money back-dated.
Again, no response whatsoever. Which leads me to conclude that DWP have intentionally attempted to sabotage by claim by excluding this evidence and also not applying the laws governing my rights to a fair and impartial tribunal. This cannot happen if HMCTS are not in possession of all the evidence.
So, what can I do, if anything, to circumvent a painful lengthy wait, that is costing wasted time, money and resources that are desperately needed elsewhere?
My appeal and bundle are now languishing in the care of Leeds tribunal services, when this could easily be resolved without all the nefarious and damaging practices employed by a governing body that is supposed to support the needs of people with long term health/disabilities?
I feel like I am constantly shouting my lungs off in a sound-proofed box with only me present.
Apologies if this rambles a little. Its driving me absolutely crazy and just need an end in sight.
Thanks in advance
Cat
advice needed. PIP appeal for tribunal well underway. Was transitioned from DLA to PIP and awarded 12 points for mobility and 5 for daily living'
Appealing the daily living decision. Im also in ESA support group and immediately prior to PIP daily living claim being rejected, had decision to move me out of support into WRAG overturned and was placed back in ESA support.
Both benefits were being reviewed /transitioned simultaneously. DWP relied heavily on AP medical report used for ESA (which was far more detailed and conducted by a GP, not a 'health professional generally'. For both ESA and PIP.
However, whatever descriptors they had used or not applied to determine the initial decision to move me out of support into WRAG, is unclear.
What is equally unclear, is to what evidence they had (quote) looked at fully again, was used to determine their decision to overturn the earlier ruling, lapse my appeal and find in my favour.
The only part of the this process that is clear, is that it was this more detailed report (conducted primarily for ESA purposes) and not the subsequent report by an AP who was NOT a physician, that was used to support my ESA claim to be kept in support, whilst being used to REJECT my PIP claim for daily living.
However, in the bundle, the DWP have failed to include crucial evidence that seems them lapse my esa to find in my favour. They have highlighted all the points used to reject my claim to remain in support group, yet failed to include the evidence that they overturned that decision and reinstated my benefits.
The WRU have also noted this failure by DWP to submit evidence that they made the decision to lapse my (esa) appeal due to finding in my favour.. Since DWP relied heavily on that medical report to both support and reject two different disability benefits, using that specific report, it is important that ALL the papers pertaining to that strand of evidence, be sent to HMCTS to be included in the bundle. (or am I missing something here in my belief that DWP cannot simply exclude/omit an important part of this evidence, because it supports my arguments and indeed, the same arguments they themselves agreed upon only two weeks before?
Im understood to believe that the bundle, is all the paperwork pertaining to the benefit claim from both claimant and DWP. This info and evidence is then sent to both parties prior to hearing so that the rule of law is applied fairly and impartially by Tribunal services.
(Do I have this correct so far?)
Said document, which DWP omitted from the bundle papers, have of course been included by me as they support my arguments to challenge DWP decision to reject my claim for daily living.
I have informed DWP on two separate occasions, in writing of this apparent 'oversight' on their part, in their failure to submit these pages to the tribunal.
I have also included this fact in my letter of official complaint about the DWP handling of my case, as well as alerting the tribunal to the conspicuous absence of this evidence.
DWP have in no way, acknowledged any of my communications pertaining to this omission, nor have they ever responded to my formal letter of complaint about my treatment by them and the stress caused, in the handling of my transition from DLA to PIP, up to and including this appeal by tribunal.
WRU supports my appeal on all the descriptors and points in which I am appealing; they are also going to make the panel aware of the DWP failure to disclose crucial evidence.
Ive suggested to DWP many weeks ago, that if this omission were a genuine oversight, then I would accept an apology and that my Daily living be awarded and all money back-dated.
Again, no response whatsoever. Which leads me to conclude that DWP have intentionally attempted to sabotage by claim by excluding this evidence and also not applying the laws governing my rights to a fair and impartial tribunal. This cannot happen if HMCTS are not in possession of all the evidence.
So, what can I do, if anything, to circumvent a painful lengthy wait, that is costing wasted time, money and resources that are desperately needed elsewhere?
My appeal and bundle are now languishing in the care of Leeds tribunal services, when this could easily be resolved without all the nefarious and damaging practices employed by a governing body that is supposed to support the needs of people with long term health/disabilities?
I feel like I am constantly shouting my lungs off in a sound-proofed box with only me present.
Apologies if this rambles a little. Its driving me absolutely crazy and just need an end in sight.
Thanks in advance
Cat
Think like a proton, always positive.
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- Gordon
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5 years 4 months ago #242228 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP knowingly omitting evidence for tribunal
Cat
I can't work out the timeline for the events you mention so it is unclear whether the ESA revision occurred before or after the PIP Decision?
If it happened after the PIP Decision was made then the DWP were correct not to include the information in their papers as it was not information that was available when the PIP Decision was made.
If it was before, then do you know as a matter of certainty that the DM used the revised ESA Decision as evidence to make the Decision on your PIP Claim. It would be very unusual if they had and if you cannot show that they did then again, there would be no reason for them to include the information in their submission.
Only if you can show that the revised ESA Decision was used, not just that it was available, can you argue that they should have included it with their papers.
Gordon
I can't work out the timeline for the events you mention so it is unclear whether the ESA revision occurred before or after the PIP Decision?
If it happened after the PIP Decision was made then the DWP were correct not to include the information in their papers as it was not information that was available when the PIP Decision was made.
If it was before, then do you know as a matter of certainty that the DM used the revised ESA Decision as evidence to make the Decision on your PIP Claim. It would be very unusual if they had and if you cannot show that they did then again, there would be no reason for them to include the information in their submission.
Only if you can show that the revised ESA Decision was used, not just that it was available, can you argue that they should have included it with their papers.
Gordon
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- Cat in a hat
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5 years 4 months ago #242257 by Cat in a hat
Think like a proton, always positive.
Replied by Cat in a hat on topic DWP knowingly omitting evidence for tribunal
Yes Gordon,
The WCA for ESA assessment (f2f) happened in Nov 2018. PIP was in Feb2019.
PIP DEFINITELY knew about the revised esa decision when they did my PIP as I pointed it out to them when submitting MR and included the letter from ESA that showed the revised decision.
They gave a convoluted response as to why the revised ESA had not been taken into consideration, when they had used the same report, but taken only the pre-revised decision into consideration. (yet the medical report for both the pre and post esa decision was obviously the same report)
This is why Im appalled they have omitted the evidence pertaining to that revision from the Tribunal.
Hope that explains a bit better what I'm up against.
Thanks again, in advance.
The WCA for ESA assessment (f2f) happened in Nov 2018. PIP was in Feb2019.
PIP DEFINITELY knew about the revised esa decision when they did my PIP as I pointed it out to them when submitting MR and included the letter from ESA that showed the revised decision.
They gave a convoluted response as to why the revised ESA had not been taken into consideration, when they had used the same report, but taken only the pre-revised decision into consideration. (yet the medical report for both the pre and post esa decision was obviously the same report)
This is why Im appalled they have omitted the evidence pertaining to that revision from the Tribunal.
Hope that explains a bit better what I'm up against.
Thanks again, in advance.
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5 years 4 months ago #242258 by Cat in a hat
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Replied by Cat in a hat on topic DWP knowingly omitting evidence for tribunal
They also quoted details from Dr Walen (esa GP) report in their arguments for rejecting my PIP claim and suggested (quote) ' If you have any cogent evidence that supports your claim, we look forward to receiving it'
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5 years 4 months ago #242259 by Cat in a hat
Think like a proton, always positive.
Replied by Cat in a hat on topic DWP knowingly omitting evidence for tribunal
Don't know if it helps that the welfare rights worker, with whom I had appointment with on Wednesday, was quite animated about this fact, as a legal argument to support my appeal, in addition to other factors. I had also shown the report to the PIP assessor (as I felt that it was, in the main, a fair and thorough assessment and was conducted by an actual GP as opposed to someone with less medical training)
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5 years 4 months ago #242262 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP knowingly omitting evidence for tribunal
Cat
If the DWP used the ESA assessment report, not the results of your ESA assessment, failed or revised, then are legally required to include the report with their submission.
However, I am still not clear whether this happened or not, you say that they told you that the report had not been considered in which case there was no obligation to include it, your mentioning it at your assessment or as part of your MR would not be relevant.
However, all of this is moot if the report was not included, it does not mean that you cannot do so and I believe have but understand that there are limited crossover points between the two benefits and even where there are the criteria will still be different so you will need to explain, in some cases in detail why the ESA report is relevant to your PIP claim.
We've just published a document that indicates where we think there is a crossover between the two benefits and how close the criteria is, have a look at the UC/ESA and PIP overlap document in the PIP area.
Gordon
If the DWP used the ESA assessment report, not the results of your ESA assessment, failed or revised, then are legally required to include the report with their submission.
However, I am still not clear whether this happened or not, you say that they told you that the report had not been considered in which case there was no obligation to include it, your mentioning it at your assessment or as part of your MR would not be relevant.
However, all of this is moot if the report was not included, it does not mean that you cannot do so and I believe have but understand that there are limited crossover points between the two benefits and even where there are the criteria will still be different so you will need to explain, in some cases in detail why the ESA report is relevant to your PIP claim.
We've just published a document that indicates where we think there is a crossover between the two benefits and how close the criteria is, have a look at the UC/ESA and PIP overlap document in the PIP area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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