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TOPIC: Brothers PIP review

Brothers PIP review 1 month 1 week ago #218926

Hi Gordon, I've come across this on the reply to our court submission.

All parties to the Tribunal will be aware as this is an award review instigated by Mr Cocker, the burden of proof lies with the appellant to prove he is as restricted as claimed, rather than DWP to disprove any claim.

Does this mean that we requested the Tribunal or does it mean that we requested the award review? Thanks.

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Brothers PIP review 1 month 1 week ago #218957

jayjaybal

It means that you need to show that you meet the criteria for the award that you are aiming for.

Gordon

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

Brothers PIP review 1 month 1 week ago #218964

Thanks Gordon.

I thought it meant we had instigated the review by saying his condition had worsened when they instigated the review because there was only a year of the award left.

Thanks. xx :kiss:

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Brothers PIP review 1 month 1 week ago #219147

Hi Gordon,

Chatted with someone at IAS who want him to have the 2nd assessment. When I explained how ill he becomes when under stress and the risk of ‘adrenal crisis’ she cancelled the appointment and agreed to do a paper based review.

After speaking to one of her ‘lead clinicians’ she advised they had no new evidence to allow that so we could either have an appointment or carry on down the Tribunal route.

She re-booked the same appointment for his 2nd assessment.

I’ve provided evidence that his condition was significantly under reported so I’m not sure I trust their reasons for a 2nd assessment which was brought about because of the complaint!

I’ve advised her this morning that we’re going to go to Tribunal, because they’re impartial and we’ve provided plenty of evidence that the assessment was bogus so if they wanted to change the decision they could.

She said you need to speak to DWP because I don’t want to cancel this appointment, it may make the situation worse! If they mean they will close down his claim I will be spitting feathers!

She’s speaking to DWP and calling me back on Monday morning.

What are your thoughts?

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Brothers PIP review 1 month 1 week ago #219156

jayjaybal

It will likely depend on who has decided that a second assessment is required.

We have seen the Assessment Provider decide this without reference to the DWP if this is the case then I suspect that they will say go on to appeal. However, if the appointment was requested by the DWP then they could take the view that by refusing to attend you are breaking the terms on which the benefit is being paid and close the claim.#

You will have to wait for the callback.

Gordon
The following user(s) said Thank You: jayjaybal

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

Brothers PIP review 1 month 1 week ago #219163

Thanks Gordon. I have received a letter from her this morning which states that it was her decision to request a paper review and cancel the appointment.

When we spoke on the phone this morning she advised we could go on to the Tribunal if we didn't want the second assessment so I have just taken her at her word.

If he has to have the 2nd assessment he will but i have requested that she advise HP that it will be recorded according to DWP guidelines.

I'm just finalising paperwork in response to DWP submissions bundle and will included these discussions for their info. I'm going to send her a copy to so that she knows the court is aware of what we've discussed.

thanks again for you help. xx

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