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How long is too long? (Sorry long post)
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collyettey
Community member Posts: 10 Listener
Ok so for a quick timeline (and yes I understand COVID has caused issues)
March 2019 - applied for PIP - sent a stack of evidence from 2 medical professionals plus my completed for
April 2019 - assessment at my home, assessor fabricated/guessed at lots - such as stating I maintained eye contact throughout and then 2 pages later, he couldn’t see my eye as I was wearing dark glasses and had my head in my hands, or that I answered every question, when I fact my husband answered probably 95%
End May 2019 - received discussion - rejected
June 2019 - sent request for Mandatory Reconsideration (inc more evidence which included audio recording of assessment as I was questioning the info in the report and was providing evidence to support he entered details incorrectly)
October 2019 - called to chase up MR to be told it had been ‘incorrectly filed as a request for notes’ (which never came), spent an hour on the phone waiting for them to change it from a notes request to a MR
November 2019 - MR decision - original rejection upheld
December 2019 - Appeal filed - more evidence sent to tribunal (stuff that happened between the requesting an MR and the appeal date plus another copy of the audio from the assessment)
July 2020 - received a letter stating paper tribunal was held but postponed/suspended as they want a telephone tribunal plus more details from GP
August 2020 - Requested documents from GP sent and received (sent by a signed service) plus more evidence from a second medical professional
May 2021 - called them on 1st for update - can’t tell me anything and I have to wait
my question is - how long is too long???
March 2019 - applied for PIP - sent a stack of evidence from 2 medical professionals plus my completed for
April 2019 - assessment at my home, assessor fabricated/guessed at lots - such as stating I maintained eye contact throughout and then 2 pages later, he couldn’t see my eye as I was wearing dark glasses and had my head in my hands, or that I answered every question, when I fact my husband answered probably 95%
End May 2019 - received discussion - rejected
June 2019 - sent request for Mandatory Reconsideration (inc more evidence which included audio recording of assessment as I was questioning the info in the report and was providing evidence to support he entered details incorrectly)
October 2019 - called to chase up MR to be told it had been ‘incorrectly filed as a request for notes’ (which never came), spent an hour on the phone waiting for them to change it from a notes request to a MR
November 2019 - MR decision - original rejection upheld
December 2019 - Appeal filed - more evidence sent to tribunal (stuff that happened between the requesting an MR and the appeal date plus another copy of the audio from the assessment)
July 2020 - received a letter stating paper tribunal was held but postponed/suspended as they want a telephone tribunal plus more details from GP
August 2020 - Requested documents from GP sent and received (sent by a signed service) plus more evidence from a second medical professional
May 2021 - called them on 1st for update - can’t tell me anything and I have to wait
my question is - how long is too long???
It feels like it’s been forever and I’m being ignored!!
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Comments
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Hi there
It does seem an awful long time but not unheard of
I presume it is the phone tribunal you are waiting for ?
Have you been in touch with the court or was it dwp
Maybe try and get your local mp involved though often it doesn't make much difference
Might also be worth lodging a complaint about the waiting time
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Also worth pointing out that “stuff that happened between the requesting an MR and the appeal date” may have no relevance as the appeal is about whether the original decision was correct with respect to how your health impacted you at the time of that decision. Any deterioration resulting in greater difficulties since that date is not relevant.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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Username_removed said:… I was busy watching the football.
Quite understand you can’t cover everything and you know far more about tribunal procedures than I do but that just jumped out at me as I read the opening post.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
calcotti said:Also worth pointing out that “stuff that happened between the requesting an MR and the appeal date” may have no relevance as the appeal is about whether the original decision was correct with respect to how your health impacted you at the time of that decision. Any deterioration resulting in greater difficulties since that date is not relevant.
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Hi there
As above the tribunal is only concerned about how your condition was at the time of the decision as that is the decision YOU are appealing
Any hospital admissions after that are not relevant as they hadn't happened when the decision was made
Also even if if was prior to decision did the hospital admission cause a worsening in your daily living?
You could use it as an example on your claim if it was prior to your claim and was down to you completing one of the tasks covered in the descriptors
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janer1967 said:Hi there
As above the tribunal is only concerned about how your condition was at the time of the decision as that is the decision YOU are appealing
Any hospital admissions after that are not relevant as they hadn't happened when the decision was made
Also even if if was prior to decision did the hospital admission cause a worsening in your daily living?
You could use it as an example on your claim if it was prior to your claim and was down to you completing one of the tasks covered in the descriptors -
Hi again
I get your point I am only advising from my own experience
From my tribunal b4 I went in the clerk said they ats only looking at how you were at time of decision
Then when I went in that's first thing judge said too
Maybe due to length time your has taken they might but mine took 14 months
Is the disability service going to represent you at tribunal ? -
Username_removed said:Evidence from stuff that happened after the decision is fine provided that it relates to the period of the decision. A hospital admission casts what light exactly on how you were on your date of claim? Please refer back to my previous post about excess and unfocused evidence.
Your GP clearly doesn’t do a lot with PIP. Plenty of cases take a long long time to resolve. In this instance I’ve already highlighted what will have caused the delays and exactly what you can do about it. -
@collyettey I'm sorry that the PIP process hasn't gone smoothly for you. Our members have given you lots of excellent advice on this thread and as suggested, getting support going forwards would be a wise move. To find support, you can visit the Advice Local website - entering your postcode and selecting 'Welfare benefits' from the drop down list - which will then bring up a list of local independent advice organisations on the next page.
Although I understand your frustration, I'd just like to remind you of our house rules around keeping it friendly which state:We want our community to be a safe and supportive place.Therefore, when responding to others please bear this in mind and avoid capitalising entire words as this can be perceived as shouting.
Please make sure your messages respect others’ views and suggestions, even if you do not agree with them.
Good luck and please let us know how you get on.Online Community Co-ordinator
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