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TOPIC: PIP Tribunal - Question re. The Bundle

PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238786

Hi everybody, I am appealing PIP having been rejected for daily living component. I received the bundle and have been going through it over the last few weeks. Its come to my attention that the DWP has omitted evidence (I believe intentionally) that would not look favourable to them.
Ie. The contact history page omits approx 8 cancelled and rescheduled appointments by ATOS for my face to face interview (from Oct 2018/Feb2019) yet they highlight the one appontment I had to reschedule due to my advocate being unavailable.

They include my ESA / WCA medical report and copy of them initially rejecting my MR for WCA (which they used, in part, to reject my PIP) but they have not included the letter that they lapsed my appeal for tribunal for WCA and found in my favour, just 2 weeks after rejecting my MR.

I am only part way through the bundle and have spotted many omissions and untruths so far.
The biggest insult is that after I wrote a formal complaint, and after waiting 16 weeks for my PIP MR decision, my claim was rejected within a week of complaining.. My letter of complaint is also not included in the bundle and the DWP have said untruthful things as to the content of my complaint.

They signed off by saying they request that the tribunal reject my appeal. My question is, would it be reasonable for me to contact the HMCTS and highlight these discrepancies BEFORE the hearing (which I anticipate to be months away) and send them the missing evidence?

The DWP have been incredibly bad in the handling of my case and I feel, punitive due to me submitting a formal complaint.

They also changed the DM choice to review my pip for mobility from an unspecified time, to one year from March (when they rejected my Daily living). This was after I filed a formal complaint.

So even though my claim is as yet unresolved as of now and unlikely to have a tribunal hearing by March, they want me to go through the whole review process again in March next year. I'm at my wits end.

Any advice appreciated.

Regards and thank you in advance.

Cat

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PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238790

Cat in a hat

Yes, you should highlight these issues but stick to ones that will help you score points, so the appointments cancelled by ATOS will not but the lapsed appeal will.

Your complaint to ATOS is a separate matter and the DWP would not have been included in any correspondence.

Are you preparing a submission?

Gordon
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PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238807

\\\\\\\\\ Thank you. \yes Gordon I am . Any further advice most welcome

Cat

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PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238809

The DWP response re. Lapsing my Tribunal hearing (ESA/WCA) and finding in my favour, (quote) ' We have taken into account all the information available.... your appeal will not be sent to independant tribunal and will lapse as the decision has changed in your favour.'

That was just two weeks before I was rejected for PIP daily living.. When I pointed out that although they had used my medical report from ESA to reject my PIP application, they had not included the fact that they had amended the MR decision from.

Their response (quote) ' ESA alone brings no automatic entitlement to PIP, which is assessed separately and under different criteria. This factor isnt relevant to the PIP qualifying criteria.' (end quote)

My argument here would be if this a legal case that involved 'Discovery of evidence' then surely the fact that one party (the DWP) has introduced the medical evidence from ESA to inform , in part,their decision to reject my PIP claim for Daily living , then shouldn't they submit ALL the evidence and not simply be able to 'cherry pick' the parts they feel support their assertions, whilst failing to submit the crucial part of that evidence, which supports MY claim?

They can't surely have it all their own way can they? This is of course highly relevant to me, since the award of Daily Living of PIP, passports you to receiving severe disability component and disability component of ESA (as did the receipt of middle rate care, under the old DLA rules)

I'm not versed in legalities but to me, it seems common sense that they can submit either all the evidence, or none at all; but shouldn't be able to omit the 2nd crucial MR decision , that only came after the first one which they'd previously rejected.and was clearly based on the DWP wishing to avoid Tribunal? Or am I missing something?

Thanks again

Cat

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PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238810

Hi Gordon,

would the fact that I am virtually 'uninsurable' for Employer liability insurance purposes, have any bearing on anything with regards to being rejected for PIP daily living?

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PIP Tribunal - Question re. The Bundle 1 month 4 days ago #238821

Cat in a hat

Whilst I agree with you about the importance of the ESA report the DWP is also correct in saying that an ESA award does not imply any automatic entitlement to PIP so your submission must explain why it is relevant your problems with completing the PIP activities, you cannot assume that the panel will make the connection.

Gordon
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