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DWP call and response question
- beccajayne
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4 days 10 hours ago #313320 by beccajayne
DWP call and response question was created by beccajayne
I've said before here that my evidence is lacking a bit now as I've been unwell for a few years and in that time been difficult to get gp appointments due to covid and post covid service pressures in my locality. Gradually improving now but alongside this are anxiety conditions about medical settings that have led to avoidance. That's the context to this.
DWP response to my appeal is that the most recent healthcare professional reports that my circumstances have likely changed and I'm not that unwell. The truth is nothing has changed and there was an exacerbation recently (they are saying this also cannot be taken into account because it occurred after pip review and pip being stopped, it didn't, it was a year before that due to other external events).
I think there is enough evidence in my past and present accounts but it is not perfect or up to date. It is believable if you know there is no smoke without fire. My accounts of my problems are internally consistent over time.
It states the decision maker superseded the previous decision (awarding pip) on the grounds of receipt of medical evidence from a healthcare professional (the one who did my review, unfortunately seemed very belligerent from the beginning of the call, asked leading questions "you cook, yes?" etc, everything was a statement that started with "you.." (do this or that)). Nothing I can do about that but this is their main reason for refusing pip and I don't think I have the energy to start working out and gathering what evidence I need. I haven't seen doctors in a long time (apart from recent blood pressure check that made me very anxious and avoidant of what i was required to do next).
I'll speak to citizen's advice but I'm wondering whether to just give up and let it go through by itself with a paper hearing, I want that anyway as I cannot handle the stress of it.
My question is how typical is this kind of refusal? it also said there was no identifiable change of circumstances or other grounds to supersede, so DM decided to supersede under regulation 26 of the Universal Credit etc (Decisions and Appeals) Regulations 2013, which allows the secretary of state to supersede a decision awarding pip on the grounds of receipt of medical evidence from a healthcare professional.
The bit that concerned me was that it said the DM had the option of seeking to identify a change of circumstances which the claimant should have notified however the evidence didn't suggest there would be an easily identified change the DM decided not to investigate. I remember the healthcare professional seeming to steam roller over me in the phone call, almost telling me there were no problems and then at the end saying there will be an investigation. I barely told her anything of my problems as there was not opportunity. I was not worried about the word investigation as nothing had changed and everything I've told them is the truth.
I suppose my question is, is all this typical? And can a very clear counter, describing the problems ever be enough without up to date evidence? I will seek what evidence I can but I'm exhausted most of the time and I over think everything to the point of exhaustion too. Thanks for reading.
DWP response to my appeal is that the most recent healthcare professional reports that my circumstances have likely changed and I'm not that unwell. The truth is nothing has changed and there was an exacerbation recently (they are saying this also cannot be taken into account because it occurred after pip review and pip being stopped, it didn't, it was a year before that due to other external events).
I think there is enough evidence in my past and present accounts but it is not perfect or up to date. It is believable if you know there is no smoke without fire. My accounts of my problems are internally consistent over time.
It states the decision maker superseded the previous decision (awarding pip) on the grounds of receipt of medical evidence from a healthcare professional (the one who did my review, unfortunately seemed very belligerent from the beginning of the call, asked leading questions "you cook, yes?" etc, everything was a statement that started with "you.." (do this or that)). Nothing I can do about that but this is their main reason for refusing pip and I don't think I have the energy to start working out and gathering what evidence I need. I haven't seen doctors in a long time (apart from recent blood pressure check that made me very anxious and avoidant of what i was required to do next).
I'll speak to citizen's advice but I'm wondering whether to just give up and let it go through by itself with a paper hearing, I want that anyway as I cannot handle the stress of it.
My question is how typical is this kind of refusal? it also said there was no identifiable change of circumstances or other grounds to supersede, so DM decided to supersede under regulation 26 of the Universal Credit etc (Decisions and Appeals) Regulations 2013, which allows the secretary of state to supersede a decision awarding pip on the grounds of receipt of medical evidence from a healthcare professional.
The bit that concerned me was that it said the DM had the option of seeking to identify a change of circumstances which the claimant should have notified however the evidence didn't suggest there would be an easily identified change the DM decided not to investigate. I remember the healthcare professional seeming to steam roller over me in the phone call, almost telling me there were no problems and then at the end saying there will be an investigation. I barely told her anything of my problems as there was not opportunity. I was not worried about the word investigation as nothing had changed and everything I've told them is the truth.
I suppose my question is, is all this typical? And can a very clear counter, describing the problems ever be enough without up to date evidence? I will seek what evidence I can but I'm exhausted most of the time and I over think everything to the point of exhaustion too. Thanks for reading.
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- BIS
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3 hours 32 minutes ago #313420 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP call and response question
Hi beccajayne
I'm sorry to hear of the position you find yourself in. I can't tell you whether you should give up in trying to get the DWP to change their mind - only you can decide that.
You asked how typical your refusal is. That's a hard one to answer., Quite a lot of claimants lose their awards when they are reviewed despite not showing any signs of improvement in their health. Many claimants submit a Mandatory Reconsideration but only 27% of claimants are successful in over-turning the decision.
It sounds as if you had an unpleasant assessment. You haven't said there was a recording of that assessment os I assume there wasn't one.
There's no doubt that it can be challenging when you have no additional medical evidence from health professionals, but you are an expert on yourself and I have seen people successfully argue their cases with zero evidence from health professionals. You need to say again why you have had limited recent contact, but that should not count against you, and it is not an indicator that you don't require help. I would hope the panel would be more sympathetic than a single assessor. Do you have a loved one or a friend who has witnessed your difficulties, and if so, would they be willing to write a letter for you to confirm your struggles? It doesn't have to be a long letter, but if it can cover the majority of PIP questions, that would be useful. Don't worry if you don't have anyone. We had a member earlier this year who had no relatives and no one to help them do the form, but he successfully went to the Tribunal and one. He became his own expert. Don't underestimate the fact that you do know about you and everything that has happened.
BIS
I'm sorry to hear of the position you find yourself in. I can't tell you whether you should give up in trying to get the DWP to change their mind - only you can decide that.
You asked how typical your refusal is. That's a hard one to answer., Quite a lot of claimants lose their awards when they are reviewed despite not showing any signs of improvement in their health. Many claimants submit a Mandatory Reconsideration but only 27% of claimants are successful in over-turning the decision.
It sounds as if you had an unpleasant assessment. You haven't said there was a recording of that assessment os I assume there wasn't one.
There's no doubt that it can be challenging when you have no additional medical evidence from health professionals, but you are an expert on yourself and I have seen people successfully argue their cases with zero evidence from health professionals. You need to say again why you have had limited recent contact, but that should not count against you, and it is not an indicator that you don't require help. I would hope the panel would be more sympathetic than a single assessor. Do you have a loved one or a friend who has witnessed your difficulties, and if so, would they be willing to write a letter for you to confirm your struggles? It doesn't have to be a long letter, but if it can cover the majority of PIP questions, that would be useful. Don't worry if you don't have anyone. We had a member earlier this year who had no relatives and no one to help them do the form, but he successfully went to the Tribunal and one. He became his own expert. Don't underestimate the fact that you do know about you and everything that has happened.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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