DWP looking at their decision again when I've put my claim into appeal?
Posted , 5 users are following.
Hi, I've been in reciept of pip recently due to bipolar disorder. This stopped on 29th July 2016. Since then, I have had mandatory reconsideration which I was told it was still disallowed. A main reason being 'at the time of the assessment i wasn't on any medication, therefore- there was no medication or therapy to manage or control.' This however is lies. At the time of my assessment I was prescribed sertraline 100mg however I had began to loose control and stopped being compliant with my medication at present I have home based treatment coming out now. I had an appointment with my psychiatrist and was put back on to Risperdone 1mg & diazepam 2mg x3 a day. (I sent evidence of this in to dwp) now. I'm on risperidone 1.5mg, zopiclone 7mg, diazepam 2mg x3 daily. I have sent my appeal letter to the tribunal and received a letter stating they'd forwarded it to dwp to begin my appeal.
Today, 24th October- I received a text 'We've received your request to look at our recent Personal Independence Payment decision again. You don't need to contact us as we're looking at this now. Thank you.'
So, I phoned dwp regarding this and was told 'sometimes new evidence comes to light, sometimes they want to recheck, sometimes they want to change their decision etc etc etc.' I was told to phone back at the end of the week as this was rushing due to me putting in for my appeal. I was wondering if anyone knows anything e.g if they've ever experienced this etc. Any help would be good help thanks in advance! X
0 likes, 5 replies
pam02338 courts90770
Posted
If you have started the appeal process, the tribunal Service will compile a dossier of your application and your statement of reasons as to why you are appealing, and any other evidence you send - this is called the 'bundle' and everyone involved in the tribunal gets a copy of it, including the DWP. This is so that if and when your case is heard, everyone has copies of the same thing. Now, after looking at their copy of the bundle, the DWP have to submit a statement of their reasons to the tribunal as to why they think their original decision is correct. However, if the bundle contains new evidence which has not previously been seen by the DWP, or there is anything else in it that may make a difference to their original decision, they have to consider it before the tribunal sits. Therefore you may get a decision before the tribunal is ever convened. It sounds as though that's what is happening here. Give them a few days and then ring the DWP to find out where they are with things.
pam02338 courts90770
Posted
If you have started the appeal process, the tribunal Service will compile a dossier of Your application and statement of reasons for appeal, and any other evidence you send - this is called the 'bundle' and everyone involved in the tribunal gets a copy of it, including the DWP. This is so that if and when your case is heard, everyone has copies of the same thing. The DWP have to submit a response to the tribunal when they receive their copy - this is their statement as to why they think their original decision is right - but if any evidence is contained in the bundle, which they have not seen previously and which may make a difference to your claim, then they will look at it again. You may get a decision without going to tribunal - the DWP will change the decision before the tribunal if the evidence suggests this is warranted - it saves time and tax payers money. I think this is what may have happened here. Give the DWP a few days and then ring to find out what's going on. Hope this clarifies things a bit for you.
pam02338 courts90770
Posted
If you have started the appeal process, the tribunal Service will compile a dossier of Your application and statement of reasons for appeal, and any other evidence you send - this is called the 'bundle' and everyone involved in the tribunal gets a copy of it, including the DWP. This is so that if and when your case is heard, everyone has copies of the same thing. The DWP have to submit a response to the tribunal when they receive their copy - this is their statement as to why they think their original decision is right - but if any evidence is contained in the bundle, which they have not seen previously and which may make a difference to your claim, then they will look at it again. You may get a decision without going to tribunal - the DWP will change the decision before the tribunal if the evidence suggests this is warranted - it saves time and tax payers money. I think this is what may have happened here. Give the DWP a few days and then ring to find out what's going on. Hope this clarifies things a bit for you.
pam02338 courts90770
Posted
If you have started the appeal process, the tribunal Service will compile a dossier of the application, statement of reasons and any other evidence you send - this is called the 'bundle' and everyone involved in the tribunal gets a copy of it, including the DWP. This is so that if and when your case is heard, everyone has copies of the same thing. The DWP will prepare a case as to why they think their decision is correct - based on the information in the bundle. However, if they find something in the bundle which they may not have seen previously and which they think may make a difference to your claim, they will reconsider before the tribunal, so you may get a new decision without having to actually go to tribunal. Give the, a few days and then ring to find out what's happening.
anthony97723 courts90770
Posted
Further to Pam’s response what has happened to you is that the assessor came to an opinion that at the time of the assessment you were not taking your medication. Rather than being a ‘lie’ you have confirmed that this was actually the case because you have admitted to not being compliant with taking your medication so really the assessor had no option but to come to their conclusion.
However, that is not the end of the story because there was still a ‘need’ for you to take your medication. You have now submitted new evidence which proves on the balance of probabilities that you are now compliant with taking medication, indeed quite a lot of it and very powerful ones at that.
I would be very surprised if the DWP didn’t change their minds over that descriptor. That said you wouldn’t score enough points just on that descriptor to qualify for PIP. So you either need to have been awarded points elsewhere already or need to change the decision in other descriptor to score enough points.