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PIP Mobility and the new ruling- MR unsuccessful
- BIS
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4 years 1 month ago #245274 by BIS
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Replied by BIS on topic PIP Mobility and the new ruling- MR unsuccessful
Hi Gaddy
The Tribunal will ask the DWP for the papers again even if they miss the new deadline. One cannot say what will happen next, because it depends on each individual case. If the claimant has submitted enough papers and the judge is satisfied the panel can go ahead and make a fair judgement without the DWP evidence, they will do so, but if those papers are necessary the case will be deferred
BIS
The Tribunal will ask the DWP for the papers again even if they miss the new deadline. One cannot say what will happen next, because it depends on each individual case. If the claimant has submitted enough papers and the judge is satisfied the panel can go ahead and make a fair judgement without the DWP evidence, they will do so, but if those papers are necessary the case will be deferred
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gaddy
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4 years 1 month ago #245302 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Mobility and the new ruling- MR unsuccessful
Hi Gaddy
The Tribunal will issue the DWP with a Direction Notice, they will also ask you to send in a copy of any of your supporting documents, I usually send in a copy of the Original Claim form, Decision Notice, MR form and any supporting documents. This is one reason why we always make a copy of the original form.
I did an appeal on Monday this week where DWP had not sent bundle of documents, we provided everything we had and we were successful. It did take sometime to sort out, we first applied in Feb 2018. The Tribunal set aside the original DWP decision, I worked it out, 101 weeks backdate due.
Gary
The Tribunal will issue the DWP with a Direction Notice, they will also ask you to send in a copy of any of your supporting documents, I usually send in a copy of the Original Claim form, Decision Notice, MR form and any supporting documents. This is one reason why we always make a copy of the original form.
I did an appeal on Monday this week where DWP had not sent bundle of documents, we provided everything we had and we were successful. It did take sometime to sort out, we first applied in Feb 2018. The Tribunal set aside the original DWP decision, I worked it out, 101 weeks backdate due.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gaddy
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4 years 1 month ago #245304 by Gaddy
Replied by Gaddy on topic PIP Mobility and the new ruling- MR unsuccessful
Hi Gary,
Thank you for the extra information, I have copies of everything should I be asked to supply further paperwork. I was told that the lack of bundle would not delay my appeal by the person I spoke to today but I wasn't really convinced that would necessarily be the case.
No other option but to sit tight and see what happens I guess.
Pleased in your case the wait was worth it and you had a good result for your client.
Thank you for the extra information, I have copies of everything should I be asked to supply further paperwork. I was told that the lack of bundle would not delay my appeal by the person I spoke to today but I wasn't really convinced that would necessarily be the case.
No other option but to sit tight and see what happens I guess.
Pleased in your case the wait was worth it and you had a good result for your client.
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- Gaddy
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4 years 2 weeks ago #246843 by Gaddy
Replied by Gaddy on topic PIP Mobility and the new ruling- MR unsuccessful
Hello, I am having
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- Gordon
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4 years 2 weeks ago #246846 by Gordon
???
Gordon
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Replied by Gordon on topic PIP Mobility and the new ruling- MR unsuccessful
Gaddy wrote: Hello, I am having
???
Gordon
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4 years 2 weeks ago #246908 by Gaddy
Replied by Gaddy on topic PIP Mobility and the new ruling- MR unsuccessful
Hello All,
Firstly apologies for the 2 strange posts with not a lot of content prior to this- I was unable to post as usual due to technical issues but have now received advice from technical support.
An update on my PIP appeal and I am pleased to say it is good news.
About 10 days ago I received a copy of the Tribunal direction issued to the DWP requesting their response immediately-no bundle of papers had been sent. On Friday morning the DWP called offering me standard mobility 10 points descriptor e. Previously I had been awarded just 4 points for needing prompting to undertake a journey. I was happy to accept this, it is what I thought I should have been awarded originally.
The reason given for the increase in my claim(and to save myself the stress of a tribunal-her words) was a statement in my GP's letter confirming I needed assistance to undertake a journey and I therefore should have been awarded the points. This letter along with a few other pieces of evidence had been sent when I made my original application for PIP-in 2017! I had submitted no further evidence or made my submission for the appeal. So that letter or part of it had been overlooked/ignored when my claim was reviewed last year and again when I sent the MR which had highlighted the relevance of the doctors statement.
Finally someone read it!
So folks please persist if you feel your award is not good enough and the evidence provided has been ignored, my case is an example you can get it turned around in your favour.
My thanks to BIS, Gary and Gordon who was able to offer clarification when my MR was rejected and confirm there was still room to challenge the decision. All your support is much appreciated- I have no doubt I will be back asking for advice in the future.
My best wishes to you all and please stay safe
Firstly apologies for the 2 strange posts with not a lot of content prior to this- I was unable to post as usual due to technical issues but have now received advice from technical support.
An update on my PIP appeal and I am pleased to say it is good news.
About 10 days ago I received a copy of the Tribunal direction issued to the DWP requesting their response immediately-no bundle of papers had been sent. On Friday morning the DWP called offering me standard mobility 10 points descriptor e. Previously I had been awarded just 4 points for needing prompting to undertake a journey. I was happy to accept this, it is what I thought I should have been awarded originally.
The reason given for the increase in my claim(and to save myself the stress of a tribunal-her words) was a statement in my GP's letter confirming I needed assistance to undertake a journey and I therefore should have been awarded the points. This letter along with a few other pieces of evidence had been sent when I made my original application for PIP-in 2017! I had submitted no further evidence or made my submission for the appeal. So that letter or part of it had been overlooked/ignored when my claim was reviewed last year and again when I sent the MR which had highlighted the relevance of the doctors statement.
Finally someone read it!
So folks please persist if you feel your award is not good enough and the evidence provided has been ignored, my case is an example you can get it turned around in your favour.
My thanks to BIS, Gary and Gordon who was able to offer clarification when my MR was rejected and confirm there was still room to challenge the decision. All your support is much appreciated- I have no doubt I will be back asking for advice in the future.
My best wishes to you all and please stay safe
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