Questions regarding DWP response and my own response to this. — Scope | Disability forum
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Questions regarding DWP response and my own response to this.

bastro
bastro Member Posts: 6 Listener
Basically I got my copy of the DWP response 2 days ago, after the first one never arrived. They stated the usual that they oppose the appeal and would like for it to be discontinued. However I know I get to have my say prior to this happening.

Anyway since I'm currently writing my own response now, I would would like to know the following;

  • How much detail should I be going into? As it stands now its just under 5000 words and 9 pages long, is that too much?
  • Should I address the  contradictions made by both the decision maker and the assessor within the report and what I know I had said?
  • There was a letter regarding the change in law for distress while going out, I had never even known they looked into my failed claims again. Could I address this also or leave it out now?
  • Why would the decision maker reference facts from an ESA claim if said claim doesn't have an affect over the decision for pip?
Thank you in advance.
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Comments

  • poppy123456
    poppy123456 Member Posts: 25,627 Disability Gamechanger
    Those 9 pages, whether it's too much totally depends what you've actually writen. If you've wrote your life story then it's too much, they don't need to know this.
    If those pages are anecdotal evidence... real world examples of what happened the last time you attempted that activity for each descriptor that applies. Including information such as where you were, what actually happened, did anyone see it and what the consequences were and several activities/descriptors apply then it's not too much.
    Concentrating on the report can damage your case so i'd advise you to put it to one side and forget about it. They will see any contradictions theirself and they don't need you to point them out.
    I don't see any reason to mention any previous claims.
    Although ESA and PIP are 2 completely different benefits, there are some descriptors that are simialar.
  • mikehughescq
    mikehughescq Member Posts: 8,281 Disability Gamechanger
    What is enough will depend on what the case is in the first place. I have written 2 sided submission and I have written 20 sided submissions. Horses for courses. 

    Addressing contradictions is an interesting pastime but what’s the aim? Is it to prove everyone wrong or is it to get PIP? At the end of the day a tribunal will thank you for pointing out all the contradictions but then wonder where the evidence is that you qualify for PIP. Pick 2 or 3 irrefutable issues with the HCP report. Detail briefly in bullet points and then look at your own evidence. As @poppy123456 has already spelt out anecdotal evidence is now key. That is most of all the tribunal will focus on. 

    If your case was always founded on a descriptor involving overwhelming psychological distress then you need to make your case. If not then there is nothing to talk about. 

    A decision maker has a public law duty to use whatever evidence is available to them. They can put in whatever they have. Whether that has any impact will depend more on the quality of your evidence than the relevance of theirs. 


  • bastro
    bastro Member Posts: 6 Listener
    Thank you for your responses @poppy123456 and @mikehughescq

    As it currently stands I had aimed for a what, why, how many times approach to my response, while also highlighting the contradictions made by the assessor and the decision maker where I had stated the opposite to what they had said. I used my own pip form, what I had said during the assessment and during the call with the decision maker as a basis for this.

    I had noticed though that the wording of some things isn't what was stated in the original reasons for the decisions made. Is that normal for a decision maker to word things differently compared to the original or is it an attempt to make it look like they have a case and I don't?



  • mikehughescq
    mikehughescq Member Posts: 8,281 Disability Gamechanger
    As already said, an approach which picks apart the HCP report will fail. Examine your own evidence with that level of detail not theirs. Put away the report and write about you not them. 

    Also, forget about reasons for decisions. They are broad and there is one template used for decision letters and another used for submissions in appeal papers. Contradictions would be normal but don’t really mean anything. It is important to remember that this is not a competition. You are not up against DWP, the HCP or the tribunal. Proving them wrong will prove them wrong. Then what? If your form was rubbish because you focused on the wrong things then proving others won’t change that. The thing you are aiming for is the PIP legislation. That is the bar you need to reach rather than whether a HCP was wrong.

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