Previous claim’s telephone assessment used as evidence against me in new claim

leogurrrl

Hi everyone,

I’m new to the forum but have been lurking here for months finding great comfort in a lot of your posts re: the pip process.

I’ve got M.E and Bipolar disorder and previously put in a claim in 2021 but it was denied and because I didn’t know much about the process at the time, I didn’t bother with an MR. I had a telephone assessment at the time. 

Since then my conditions have deteriorated to the point that I’m unable to work and basically have no quality of life so I thought I’d try for PIP again. I received 6 for daily living and 4 for mobility, but WASN’T offered a telephone assessment with a HP. I asked for an MR and it was denied so am now going to appeal.

my question is: through this whole process, my telephone assessment for my previous 2021 claim as been used to not score me points and has seemed to overrule the new evidence I’ve given showing my deterioration. Things that I said in my previous telephone assessment have been used (when I was better than I was now, but obviously still disabled) and I wasn’t given the chance to speak to anyone for a new assessment this time round. 

is this allowed and should I bring this up in tribunal? It just doesn’t seem fair or accurate, 

Also, I know this doesn’t count but I’ve recently been accepted for LWCRA as part of my universal credit claim and the health professionals report has been included in my tribunal ‘stack’ as evidence but DWP refuse to take it into account as they say the date of my application for LWCRA was done after my 
PIP application date, so I’d need to start another claim if I’ve deteriorated that much. The truth is, I didn’t know about LWCRA until recently and so have struggled for ages to make money and failed miserably owing to my disability - as soon as I knew about it I applied. 

thanks so much in advance. 

Abi x

rebel11

Hi Leogurrri

Welcome to Scope online, lots of information onsite.

I think you need to concentrate on the Tribunal, point out errors but give 'real world examples' of how your conditions effect you day to day. The DWP can use any information you've given them or they have available. It is 'unfair' because as in your case it's been used in your current claim. 73% of Appeals succeed, so you should be able to get the decision turned over.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/#:~:text=Complete the appeal form,and posting it to HMCTS

Cher_Alumni

Hello @leogurrrl and a warm welcome from me. I'm chuffed to hear that our community has brought you comfort in navigating the PIP process. That's exactly one of the reasons we're here 

Things must have been extremely difficult not knowing about LCWRA until recently, I'm sorry you had to struggle. 

Although it seems you have a good understanding of the PIP process, support from a welfare representative might take away some pressure? If you feel you would benefit from free support, know that you can visit the Advice Local website to find someone in your local area.

Please keep us posted with how you get on, and fire away with any other questions.

Take care.

leogurrrl

Thank you so much both! I’ll definitely be checking that link and seeing if I can link with my local WR.

I’ll check back in to update you as soon as I hear anything.

many thanks,

abi