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DWP response to Appeal
- Petlover
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2 years 5 months ago #266174 by Petlover
DWP response to Appeal was created by Petlover
Hi.
I’m in the process of appealing my husband’s PIP. I wrote a letter in response to the DWP’s response to the appeal.
I’m slowly losing the will to live, which is exactly what they want, I suppose.
I’ve now had another communication from the Tribunals Service, enclosing another response from the DWP, basically disagreeing with all the facts I laid out, and stating there is no medical evidence that my husband has any difficulties.
I don’t want to continue responding to the ridiculous comments made by the DWP, that they made a full physical and mental examination of Paul. He had a phone assessment, and by their own admission, no functional physical assessment or Mental State Examination was carried out. It is obvious at this point that whatever I say, they’ll stick to their original story.
In the meantime, I have sent a comprehensive letter from my husband’s renal consultant to the Tribunals Service. Will they have sent this to the DWP, because if they have, they are obviously ignoring it?
Do I have to respond to the DWP letter, or can I just add it to the appeals file?
Thanks, Petlover
I’m in the process of appealing my husband’s PIP. I wrote a letter in response to the DWP’s response to the appeal.
I’m slowly losing the will to live, which is exactly what they want, I suppose.
I’ve now had another communication from the Tribunals Service, enclosing another response from the DWP, basically disagreeing with all the facts I laid out, and stating there is no medical evidence that my husband has any difficulties.
I don’t want to continue responding to the ridiculous comments made by the DWP, that they made a full physical and mental examination of Paul. He had a phone assessment, and by their own admission, no functional physical assessment or Mental State Examination was carried out. It is obvious at this point that whatever I say, they’ll stick to their original story.
In the meantime, I have sent a comprehensive letter from my husband’s renal consultant to the Tribunals Service. Will they have sent this to the DWP, because if they have, they are obviously ignoring it?
Do I have to respond to the DWP letter, or can I just add it to the appeals file?
Thanks, Petlover
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- LL26
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2 years 5 months ago #266175 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP response to Appeal
Hi Petlover,
You don't need to specifically need to reply to DWP. As long as you address the issues they make in a letter to the Tribunal, or during the hearing this is sufficient. I have recently succeeded at a Tribunal where DWP refused to recognise the client's severe mental health problems. The last 2 PIP assessment report and one for ESA all 'confirmed no points' and therfore the current PIP report which showed the same was consistent! The fact that all of these previous reports had been overturned af the Tribunal was something DWP conveniently glossed over! I merely set out in a letter to the tribunal why DWP was wrong I didn't go into all the minutiae, I just detailed the major points.
I assume that this is an initial claim? If not, then it is likely that this is a Supersession, which is the legal term for when benefit is removed or downgraded. The important difference in Suoersession cases is that the burden of proof lies with DWP, so they will have to show why the ridiculous assertions you refer to are correct.
If you send a letter to the Tribunal this will get copied and listed as pages in the bundle so DWP will see what ever you send in. However I shouldn't worry just make sure that you send the Tribunal as much evidence as possible.You have sent Consultant evidence, but could also send any disability diary evidence ( which could be still be done now to deniote a typical week and struggles or help needed if your husband's condition is much the same ) or a statement from you or friend as primary carer detailing the care etc provided.
Don't be put off by DWP negativity
Good luck with the appeal.
I hope this helps.
LL26
You don't need to specifically need to reply to DWP. As long as you address the issues they make in a letter to the Tribunal, or during the hearing this is sufficient. I have recently succeeded at a Tribunal where DWP refused to recognise the client's severe mental health problems. The last 2 PIP assessment report and one for ESA all 'confirmed no points' and therfore the current PIP report which showed the same was consistent! The fact that all of these previous reports had been overturned af the Tribunal was something DWP conveniently glossed over! I merely set out in a letter to the tribunal why DWP was wrong I didn't go into all the minutiae, I just detailed the major points.
I assume that this is an initial claim? If not, then it is likely that this is a Supersession, which is the legal term for when benefit is removed or downgraded. The important difference in Suoersession cases is that the burden of proof lies with DWP, so they will have to show why the ridiculous assertions you refer to are correct.
If you send a letter to the Tribunal this will get copied and listed as pages in the bundle so DWP will see what ever you send in. However I shouldn't worry just make sure that you send the Tribunal as much evidence as possible.You have sent Consultant evidence, but could also send any disability diary evidence ( which could be still be done now to deniote a typical week and struggles or help needed if your husband's condition is much the same ) or a statement from you or friend as primary carer detailing the care etc provided.
Don't be put off by DWP negativity
Good luck with the appeal.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Petlover
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2 years 2 months ago #268157 by Petlover
Replied by Petlover on topic DWP response to Appeal
My husband finally had his tribunal yesterday. He has had a tribunal before for a PIP appeal, and I can honestly say, it felt like we were criminals. My husband was awarded nothing on that occasion, though went on to receive ERC and SRM after a face to face consultation for a new PIP application. The renewal for that award gave him SRC only.
This tribunal was like night from day. We were treated with respect, kindness and compassion. The representative from the DWP was on the phone, on speaker so we could all hear her. The hearing lasted around forty minutes, during which time we were offered a break. My husband was asked if he wanted to wait while the decision was made which took ten minutes. He was awarded enhanced rate care and, totally unexpectedly, enhanced rate mobility. The representative from the DWP was not happy, and questioned how many hours my husband cares for me, as we both have an underlying entitlement to Carer’s Allowance for each other. It seemed a petty response to the decision, but I suppose she wanted to take something back other than, what is for them, bad news.
So I would urge anyone to go to tribunal. Admittedly it took hours of my time responding to the decision on each descriptor, both at MR and appeal stage, but those hours have been more than rewarded.
Can I thank the lovely people on this forum who give up their free time to help us all.
Petlover
This tribunal was like night from day. We were treated with respect, kindness and compassion. The representative from the DWP was on the phone, on speaker so we could all hear her. The hearing lasted around forty minutes, during which time we were offered a break. My husband was asked if he wanted to wait while the decision was made which took ten minutes. He was awarded enhanced rate care and, totally unexpectedly, enhanced rate mobility. The representative from the DWP was not happy, and questioned how many hours my husband cares for me, as we both have an underlying entitlement to Carer’s Allowance for each other. It seemed a petty response to the decision, but I suppose she wanted to take something back other than, what is for them, bad news.
So I would urge anyone to go to tribunal. Admittedly it took hours of my time responding to the decision on each descriptor, both at MR and appeal stage, but those hours have been more than rewarded.
Can I thank the lovely people on this forum who give up their free time to help us all.
Petlover
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2 years 2 months ago #268176 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP response to Appeal
Hi Petlover
That is really terrific news, well done and congratulations for staying the course. I am tagging my reply so that the back office also get to read your encouraging post.
You can now sit back and relax for a while after all you have been through.
Gary
Tags: @RESULT @PIP @ Appeal
That is really terrific news, well done and congratulations for staying the course. I am tagging my reply so that the back office also get to read your encouraging post.
You can now sit back and relax for a while after all you have been through.
Gary
Tags: @RESULT @PIP @ Appeal
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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2 years 2 months ago #268196 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP response to Appeal
Hi Petlover,
I'm pleased that your husband's tribunal went well and you git such a great result. Whenever anyone has a poor experience it is always hard to imagine that anything other than another poor experience will happen next time round. I'm glad that the second tribunal was a much more pleasant experience.
Well done. Thanks for sharing your story.
LL26
I'm pleased that your husband's tribunal went well and you git such a great result. Whenever anyone has a poor experience it is always hard to imagine that anything other than another poor experience will happen next time round. I'm glad that the second tribunal was a much more pleasant experience.
Well done. Thanks for sharing your story.
LL26
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