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"No evidence" for PIP reconsideration

CaptainTeoCaptainTeo Member Posts: 8 Listener
Howdy,

Seems that I can't get a break from the DWP, at the moment. I finally got my ESA tribunal hearing and the decision was overturned (after a year), so I'm back on ESA. While that was going on, I was sent in for another assessment, this time for PIP. The assessment went very well, but the report that I got back said that I didn't score enough and they'd be ending my PIP.

I started a reconsideration (on the grounds that there were a lot of factors that were ignored and my condition hasn't changed since the last assessment) and started getting evidence for it - I admit that I took longer than I could have done to do that, because this was also the week that my tribunal hearing for ESA was scheduled and I was completely drained of energy from that. I got a letter from my doctor confirming my diagnosis, and asked an advocate who has been helping me since my diagnosis (for an autism spectrum disorder) to write a letter for me. Unfortunately, he ended up out of the office in the middle of the process and I had to call the DWP to ask them to extend the deadline, which they did, by one week. This was even more stressful because the advocate's letter was finished by Saturday, but the Monday after that was a bank holiday, so I couldn't get it in until the day before the deadline was to end. I did get it sent out, though.

I got a letter back, today, saying that they're not changing their decision because I didn't give them any evidence. The letter's actually dated on the same day that the deadline ended. I called to ask about what happened and he said that they made the decision right then and then the evidence arrived after that, on the same day. I know that saying that it'll take them six weeks to make the decision is just a guideline, but it seems a bit strange that they'd rush it out so quickly that they've already made a decision on the same day that the deadline to get evidence to them would end, right?

Anyway, I'm not sure what to do about this. He told me that they can't do anything about that, and my only option now is to appeal. I'm still completely drained from the last year-long appeal, a couple of weeks ago, even though that turned out in my favour, and I really don't want to have to go through all of that again. Since I've been officially disabled, essentially my entire life now has been dedicated to the DWP trying to do everything that they can to kick me off of their system and I really don't want to live like this. Is there really nothing else that I can do?

Replies

  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    Hoops, hoops and more hoops. Almost all of these sort of problems cause either a saving of benefit because people give up or having it back-dated and consequently an apparent saving. Allowing them to prove to the government idiots that they are saving money. The situation is pathetic and all caused by the government and their stupid rules.

    Do you know that if you now go to A&E by ambulance the government has stated that you cannot have hospital transport home unless you have terminal cancer? It makes me wonder just how many of these stupid governmental rules have been put into place?

    It's sickening!

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Unfortunately the only thing you can do now is to take it to Tribunal. Only 20% of MR decisions change, so the chances were extremely high that the decision would remain the same anyway, even more so because you didn't give any further evidence.

    70% of those who appear at their Tribunal have a decision in their favour, so don't lose hope. The only problem is, it that the backlogs are huge. Several months at least, so i heard. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • MisscleoMisscleo Member Posts: 646 Pioneering
    I think we all need to badger our mps.
    They are surprise to help us. They only seem interested in them selves
  • CaptainTeoCaptainTeo Member Posts: 8 Listener
    Howdy,

    Thank you very much. The problem for me is that I did give them evidence and they just disregarded it because they made the decision on the exact day that the deadline was set to end and it arrived at the same time, so I feel like that's very unfair. You're probably right that they wouldn't have overturned it anyway, though. I've already filled out the appeal forms and got them ready to send off. I don't want to have to spend another year doing this just two weeks after the last one ended, but I guess that I have no choice. Thank you, anyway, though.
  • YadnadYadnad Posts: 2,856 Member
    Howdy,

    Seems that I can't get a break from the DWP, at the moment. I finally got my ESA tribunal hearing and the decision was overturned (after a year), so I'm back on ESA. While that was going on, I was sent in for another assessment, this time for PIP. The assessment went very well, but the report that I got back said that I didn't score enough and they'd be ending my PIP.

    I started a reconsideration (on the grounds that there were a lot of factors that were ignored and my condition hasn't changed since the last assessment) and started getting evidence for it - I admit that I took longer than I could have done to do that, because this was also the week that my tribunal hearing for ESA was scheduled and I was completely drained of energy from that. I got a letter from my doctor confirming my diagnosis, and asked an advocate who has been helping me since my diagnosis (for an autism spectrum disorder) to write a letter for me. Unfortunately, he ended up out of the office in the middle of the process and I had to call the DWP to ask them to extend the deadline, which they did, by one week. This was even more stressful because the advocate's letter was finished by Saturday, but the Monday after that was a bank holiday, so I couldn't get it in until the day before the deadline was to end. I did get it sent out, though.

    I got a letter back, today, saying that they're not changing their decision because I didn't give them any evidence. The letter's actually dated on the same day that the deadline ended. I called to ask about what happened and he said that they made the decision right then and then the evidence arrived after that, on the same day. I know that saying that it'll take them six weeks to make the decision is just a guideline, but it seems a bit strange that they'd rush it out so quickly that they've already made a decision on the same day that the deadline to get evidence to them would end, right?

    Anyway, I'm not sure what to do about this. He told me that they can't do anything about that, and my only option now is to appeal. I'm still completely drained from the last year-long appeal, a couple of weeks ago, even though that turned out in my favour, and I really don't want to have to go through all of that again. Since I've been officially disabled, essentially my entire life now has been dedicated to the DWP trying to do everything that they can to kick me off of their system and I really don't want to live like this. Is there really nothing else that I can do?
    You only have two choices fight or flight!

    Take on board that the DWP will be a 'job' and treat it as one even if it will go on for years to come OR do what I have done and walk away with dignity knowing that you will never have to put up with this endless system of claim, an assessment, MR and a Tribunal.

  • CaptainTeoCaptainTeo Member Posts: 8 Listener
    I'd do that if I could, but I can't afford to live if I just leave it all, so I'm kind of forced to go through this.
  • GainaGaina Member Posts: 133 Pioneering
    If you haven't already been doing so I strongly recommend sending *everything* connected to PIP appeals and claims by recorded delivery so if they try to tell you they haven't received something then you can prove that at least it was signed for and it is on their premises somewhere so they'll need to chase it up themselves!
  • shellashella Member Posts: 31 Courageous
    the sort of thing happened to me. you have to do what they say there is no leeway too sent evidence from my GP.. was awarded enough points to get some money. When I read the decision letter I almost threw up. I think everyone knows what happened they outright lied and speculated without asking me any questions. A lot of people would have just left it at that and be grateful for what they got. It would have been sooooo easy to fight as I felt betrayed and bitter the fact that you have to tell them things that you don't even admit to yourself let alone, anyone else. The only way forward for you is to go to tribunal if you decide to do this be warned its very stressful. A lot of people don't bother.
    you will have to look through all the paperwork and try and find any contradictions. I joined a website that specializes in this. The only thing about it for me was that they advise you concentrate on the main issues ie.only go for the high point that is relevant to you. which is a fair point as that means a lot less stress and work.
    Keep to any deadline as they want as many people off the benefit and you will be handing this on a silver platter to them they only need one excuse. In your case, I would get as much help as you can even if you don't finish it send it anyway and state that the rest will follow later that gives you more time to finish as I think all papers have to be sent 7 days before the hearing that gives you plenty of time to get any medical notes/evidence you need you need Hope this helped
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