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6 years 2 weeks ago #209509 by steven
Replied by steven on topic PIP Medical
Hi Gordon

Just to recap, I applied for PIP mid September 2017, I was awarded nothing, then had a MR in Jan 2018 and again awarded nothing,

So I decided to appeal and sent the relevant forms off to the courts early in Feb 2018, and had a letter back from the courts saying they had received my appeal and the DWP had until 22nd March 2018 to reply to them.

Then on 12th march I had a text from DWP saying they now had enough evidence to decide if they could award me PIP (remember I was awarded nothing and have now appealed )

On the 14th March I had a call from the DWP saying they have looked again at my PIP claim and would award me Lower/Lower and I would be paid from Sept 2017 and the award was to 2021 and if I accepted my appeal would end, (meaning if I wanted to appeal against the offer of Lower/Lower I would have to start all over again)

So I declined their offer there and then on the phone, I did say however that I would be happy with Lower Living/Higher Mobility, The guy said that the offer was Lower/Lower and the call ended,

On the 19th March 2018 I received my "bundle" from the DWP with about 100 pages !

On the 24th March I had a letter from the courts to say the DWP had not responded to my appeal by 22nd March so they had written to the DWP to "remind them",

Today 29th March I have had a letter from the DWP dated 22nd March ( the day they should have acknowledged my appeal to the courts)

The letter says
"We now have all the information we need to decide if we can award you PIP, There is no need to contact us, We will write to you when we have made a decision on your PIP claim".

I phoned the Courts to see if the DWP have responded to my appeal and they said no, (even though I got my "bundle" off the DWP 11 days ago ! )

The lady at the courts said it looks like the DWP are considering making a more favourable offer to me and this does happen,

Whats going on Gordon ??

I have written this "recap" incase you think it should be posted elsewhere on your site where more people can see it or where it may be of more help to people, Then they will know the story so far.

Thanks
Steve

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6 years 2 weeks ago #209531 by Gordon
Replied by Gordon on topic PIP Medical
steven

Do the Tribunal Service know that you have received the DWP's submission? I am wondering if they have only sent a copy to you, rather than you and the TS?

I think the DWP letter is a Red Herring, there is no reason why it would be issued in response to an appeal request.

Having made an offer and been refused then I would not expect the DWP to now make a new offer until they have at least seen you own submission for the appeal.

Gordon

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

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6 years 2 weeks ago #209538 by steven
Replied by steven on topic PIP Medical
Hi Gordon

Yes I told the courts I have received my bundle, I have now also phoned the DWP and they haven't got a clue what the letter I received today is about and say it must have been sent in error,
So as you say a Red Herring !

The DWP did say however that they did respond to the courts on 14th March ! maybe it got lost in the post to them.

At what point does the DWP receive my appeal submission ? is it when the courts have a response from them to my appeal ?

Also if I have new medical evidence do I sent it all to the courts now ? and none to the DWP ?

Thanks again

steve

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6 years 2 weeks ago #209549 by Gordon
Replied by Gordon on topic PIP Medical
Steven

As you appear to have the DWP's submission then you can prepare your own.

This is an opportunity for you to re-present your case and to address any issues resulting from the assessment and the MR. When complete you should send it to the Tribunal Service with any new evidence, they will then forward it to the DWP.

On the subject of new evidence, it is essential that anything new is clear that it refers to your conditions as they were when the Decision was made and ideally when you were assessed. If this is not done then you run the risk of it being excluded, the panel cannot consider information that post dates the Decision unless this is done.

Gordon

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6 years 2 weeks ago #209558 by steven
Replied by steven on topic PIP Medical
Thanks Gordon

All the medical evidence I have which includes new evidence which I will send to the courts has a direct link to my accident at work in 2015 so hopefully this should be ok,

So any new evidence I send to the courts will be sent by them to the DWP ?

Thanks
steve

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6 years 2 weeks ago #209576 by Gordon
Replied by Gordon on topic PIP Medical

steven wrote: So any new evidence I send to the courts will be sent by them to the DWP ?


Yes, they will send a copy to the DWP and one to you, which you add to the bundle you already have.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: steven

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