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PIP PA4 Consultation report form

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5 years 3 months ago #242550 by jim555
Replied by jim555 on topic PIP PA4 Consultation report form
I guess what I am trying to say is (albeit poorly)... If OPD was included in PIP decisions made in may 2017, I would have made my claim, wording and info on claim form and any relevant supporting evidence specifically relating to the descriptors available to me - to support these applicable descriptors.
Then I request and receive my PA4 form and it contains my descriptors ( ones I didn't satisfy and the one I did) but the wording of the descriptors excluded the words "OPD" This does not seem fair as it indicates the "OPD" doesn't exist of is not taken into consideration hence impacting upon claimant confusion, not submitting relevant information on Pip claim form, not submitting missing relevant supporting information or evidence at the time in question and fundamentally impacting upon their judgement whether to challenge the award MR or Tribunal...?

I understand the theory that DWP discriminated against those MH claimants until the judge ruled otherwise but the knock on implications and the time frame involved from judgement and DWP applying the correct wording and then then long awaited "review" all has had a big negative impact on my situation and no doubt many other claimants.

Do you get where I am coming from now?

James

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5 years 3 months ago #242551 by Gordon
Replied by Gordon on topic PIP PA4 Consultation report form
James

I understand what you are saying but there isn't a solution to it. An appeal panel cannot consider things that you did not submit as part of your original claim, whatever the reason that you did not, they can only consider whether you can now show that you met (f) in 2017, so do you have any evidence from 2017 that supports this?

Gordon

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

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5 years 3 months ago #242552 by jim555
Replied by jim555 on topic PIP PA4 Consultation report form
You are very good man Gordon! very helpful, I was at CAB two hours today and at the end they only just understood what my situation was. I guess I will just have to go this alone and hope for the best. Thanks for all your help, so much appreciated.

James
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5 years 3 months ago #242554 by jim555
Replied by jim555 on topic PIP PA4 Consultation report form
I understand. I do have evidence but certainly not as strong as i have for recent times. I question what evidence they had at the time in 2017 to award me 1e based on the majority of days.. I also question, should 1f been applicable to me back in may 2017 then would I have been able to prove majority of days, satisfying 1f over 1e..? Just seems a win win for DWP especially for me waiting years and then pushing to appeal at tribunal and then even when my evidence and circumstances clearly satisfy 1f I have no chance of being awarded what I should be.

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5 years 3 months ago #242560 by Gary
Replied by Gary on topic PIP PA4 Consultation report form
Hi James

The evidence they had would be in the bundle of documents for the appeal, reading the previous posts take someone with you for support at the tribunal but you are the best person to put your case to the panel members.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 3 months ago #242645 by jim555
Replied by jim555 on topic PIP PA4 Consultation report form
Good Morning,

Can someone explain what I can expect to receive in the DWP submissions bundle?

Is it just all documents I sent in relating to my claim? Is it new information and details DWP are including taking to the appeal tribunal, added on from their MR decision or is it just old history relating to the original award and old information relating to their MR decision they gave me?

The point i am trying to make here, is there likely to be new information relating to my MR and subsequent tribunal appeal that I should expect and therefore assess and address and respond to any relevant points included from this, and then, submit and response to be added to my initial appeal tribunal information at the time of submitting my SSC1 form?

I think I already have all the relevant information relating to my original award and any further communications up to the recent information re MR..

Thanks

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