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PIP tribunal pack and historic applications

  • Norabee
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3 days 8 hours ago #302711 by Norabee
Hello! I’m in the process of appealing my PIP decision. I have already done MR, appealed, DWP has now responded that they aren’t changing their decision and now I am waiting to be given a date. I have received the (rather large) pack of information from the DWP which to my surprise also includes PIP assessments from 7+ years ago when I have applied in the past and been rejected. I didn’t appeal at the time because I was so unwell and had no support, I simply didn’t have the capacity. However reading through the information now, I realise they made the same incorrect assumptions and presented the same misinformation as fact that they have done now, 7 years later.

So what I’m wanting to know is will I be given the opportunity to discuss this at tribunal and use these past assessments to support my current arguments? Also is it possible that, if successful, my claim could be back dated to one of my earlier claim dates rather than my most recent? Part of the reason I’ve had to submit my most recent claim was because I was told I couldn’t do an MR over the phone (I now know this is incorrect) and that it had to be posted in writing. I did this, but apparently it was never received and by the time I followed up they told me I wasn’t allowed to submit an MR any more and I would have to start the process again. This was last year, relating to a claim started in 2023.

Thanks in advance!

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2 days 4 hours ago #302787 by BIS
Hi Norabee

I'm sorry, that you were misinformed about being able to give an MR over the phone. (Always make sure with the DWP that you send correspondence by tracked post - because even if they say it has been lost - if you have the proof, they have to back down).

Unfortunately, even if you win at the Tribunal, it will only refer to your last assessment and your current Appeal. The DWP is trying to show that they have been consistent in their assessments of you.

I'm sorry that you're waiting for a date - it could be up to 52 weeks

BIS

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

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1 day 3 hours ago #302824 by LL26
Hi Norabee,
There might be a small window of opportunity to appeal the last decision. If the MR decision was made within the last 13 months then you might have an argument.
Do you have any paperwork showing you sent in the MR ie a copy and eg proof of posting- or maybe even a note if a phone call or a letter saying DWP hasn't received anything.
If the 13 mth period hasn't expired you can appeal anyway. Do a fresh appeal now and ask for it to be joined with current appeal. Explain the lateness and in particular about DWP not accepting phone call and then losing the letter. Dwp might not accept this but then you can get a chance to hsve a hearing solely on being allowed to appeal. ( Rather whether you score enough points.)
If you are out of time, then there is another possibility, you resend the MR request as an anytime revision with specific grounds, based on official error. This wording is important! Explain both the circumstances of the anytime request and error made by DWP, AND explain why you should have received benefit.
See this
www.google.com/url?sa=t&source=web&rct=j...70w9Z9322kWXM6ylVuBH
You may wish to quote the relevant paragraph.
I hope this helps.
LL26

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

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