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MR denied along with Daily Living back pay
- Julia
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3 years 7 months ago #268193 by Julia
Replied by Julia on topic MR denied along with Daily Living back pay
Hi Gary,
Have today received DWP response to my Appeal papers concerning Leap back pay.
Where I set out my case saying I firmly believed the Assessor had omitted vital information and her statement could not be relied on the DWP have now totally changed her original 'findings' from 2016 admitting how I appeared i nervous, tense, poor rapport, no eye contact (still no mention of me breaking down in tears btw) all of which justify my difficulty in engaging with people face to face. There is also admission that I do need prompting to engage with people, yet the DM stands by her original decision and has asked the Court to throw the case out.
At first I was angry then became distressed. Surely this proves that somebody has lied if 5 years later a different report has materialized or do they make it up as they go along?
I want to appear in front of the Tribunal as new evidence was blatantly disregarded and I need to speak out. ....there is the veiled threat to included that I could lose some or all of my current award. Could that happen as I'm appealing Leap back pay from 2016-2020. I'm hoping that the conflicting evidence submitted by the DWP will be enough for the Tribunal to see is total fallacy. It may be many months before I get a hearing date so the DWP may have a change of decision. I nearly said heart but they clearly don't have one.
Have today received DWP response to my Appeal papers concerning Leap back pay.
Where I set out my case saying I firmly believed the Assessor had omitted vital information and her statement could not be relied on the DWP have now totally changed her original 'findings' from 2016 admitting how I appeared i nervous, tense, poor rapport, no eye contact (still no mention of me breaking down in tears btw) all of which justify my difficulty in engaging with people face to face. There is also admission that I do need prompting to engage with people, yet the DM stands by her original decision and has asked the Court to throw the case out.
At first I was angry then became distressed. Surely this proves that somebody has lied if 5 years later a different report has materialized or do they make it up as they go along?
I want to appear in front of the Tribunal as new evidence was blatantly disregarded and I need to speak out. ....there is the veiled threat to included that I could lose some or all of my current award. Could that happen as I'm appealing Leap back pay from 2016-2020. I'm hoping that the conflicting evidence submitted by the DWP will be enough for the Tribunal to see is total fallacy. It may be many months before I get a hearing date so the DWP may have a change of decision. I nearly said heart but they clearly don't have one.
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- latetrain
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3 years 7 months ago #268232 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic MR denied along with Daily Living back pay
Hi Julia
Anything can happen at a tribunal, as they are independant. You need to confirm in your appeal that you are not apealing your current award.
Point out the discrepancies between the original decision makers decision and what they sent you. If you have a copy of the original decision send it in pointing out the differences, if you have a copy of the original assessors report, that may also help your case.
Has there been any change in your condition between then and now? If none, then you can try and use that, but you have to be aware that if you condition had deteriorated even slightly that could go against you. If your condition has not changed then you need to say so. Remember they are looking at you as you were then not as you are now.
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
Gary
Anything can happen at a tribunal, as they are independant. You need to confirm in your appeal that you are not apealing your current award.
Point out the discrepancies between the original decision makers decision and what they sent you. If you have a copy of the original decision send it in pointing out the differences, if you have a copy of the original assessors report, that may also help your case.
Has there been any change in your condition between then and now? If none, then you can try and use that, but you have to be aware that if you condition had deteriorated even slightly that could go against you. If your condition has not changed then you need to say so. Remember they are looking at you as you were then not as you are now.
A couple of points to bear in mind
Mobility Decisions made before 28.11.16 will not be reviewed, however, it may be possible to argue that a claimant met the criteria from this date and therefore should be considered. Any argument must be based on the claimant's limitations as they were at this time and evidence must clearly reference this time as well. Realistically, new evidence and testimony trying to reference back to this date is going to struggle and is unlikely to be accepted.
Second, it is important to remember that Descriptors (e) and (f) are mutually exclusive of each other!
In short, a claimant cannot argue that they meet (f) without fundamentally undermining the reasons that (e) was awarded, if it was, with a danger that they might score lower or even not at all if they do not clearly show that they meet the higher criteria. There is no way to mitigate this situation.
Clear evidence of Overwhelming Psychological Distress when following a route is essential.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Julia
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3 years 7 months ago #268321 by Julia
Replied by Julia on topic MR denied along with Daily Living back pay
Hi Gary,
Thank you for your recent info. Just to clarify I'm not appealing under Mobility, it's Daily Living 'engaging with people face to face. Using your guides I clearly set out the reason(s) for appeal showing the Assessor's original report could not be relied upon. After I submitted a lengthy MR letter answering all the descriptors the DM awarded me Standard Daily Living and Standard Mobility. Atos changed their answers for 2 of the descriptors after Dwp asked for a review, so there must have been doubt as to the validity of the information.
More upsetting was no mention of a letter submitted as evidence from a close friend who has known and supported me and coped with my social difficulties since 2010.....I applied for PIP in 2016 so would think she is well placed to show I need social support.
I will respond to the court confirming I am not disputing my current award and that my condition has not changed and of course read through the reams of paper again to highlight any discrepancies.
Thank You
Thank you for your recent info. Just to clarify I'm not appealing under Mobility, it's Daily Living 'engaging with people face to face. Using your guides I clearly set out the reason(s) for appeal showing the Assessor's original report could not be relied upon. After I submitted a lengthy MR letter answering all the descriptors the DM awarded me Standard Daily Living and Standard Mobility. Atos changed their answers for 2 of the descriptors after Dwp asked for a review, so there must have been doubt as to the validity of the information.
More upsetting was no mention of a letter submitted as evidence from a close friend who has known and supported me and coped with my social difficulties since 2010.....I applied for PIP in 2016 so would think she is well placed to show I need social support.
I will respond to the court confirming I am not disputing my current award and that my condition has not changed and of course read through the reams of paper again to highlight any discrepancies.
Thank You
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- Astee
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8 months 2 days ago #300179 by Astee
Replied by Astee on topic MR denied along with Daily Living back pay
I know this post is old but ive come across this a few times. It is usually resolved by logging out and logging back it. If you gave your username and password auto save-delete it and type it in manually. This has always worked for me when i hace had this issue so thoughts it might be helpful for anyone who comes accross this in the future.
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