Phone call from DWP waiting appeal

chili14

Hi,
just a quick question, I completed a mandatory reconsideration and went from 0 to 4 points. I’ve now filled in forms for the appeal and had confirmation that DWP should send the courts the pack / bundle by 21st March (I love read tho that they can take longer), I’ve had a phone call this morning from DWP saying they are putting together the appeal pack and wanted to know if anything had changed. I was on the way to a hospital appointment and had 0 info with me so was like…. Nooooo? She asked about my latest appointments with my neuro team and what was happening now, I have latest info. She said thank you and ended the call.

im now confused why they would call me? Is this normal? My understanding was that I’d next get a copy of the bundle and a chance to send info off to the courts as my response? Why would it matter if anything has changed as the condition and info is up to the point of the decision being made (according to my decision letter).

oh, also one last thing. She asked if I was under a memory clinic. I said no, the decision letter said I wasn’t having issues with my memory because I hadn’t been referred to a memory clinic so my neurosurgeon and the memory clinics within the area provided documentation to prove I don’t meet the criteria for referral and that the memory issues are a symptom of my conditions that I struggle with. She then explained that brain fog / memory issues due to a condition isn’t a cognitive impairment according to the DWP and therefore it does not bare any aspect on my claim? 

Unfortunately I have no representation as the local organisations near me no longer offer these services.

thank you for reading and sorry if this has been asked before.

poppy123456

They do sometimes ring you to ask if you have anything further to add but it's rare for them to do this. They can also offer an award before the hearing takes place but this is also rare.

One thing to remember is the Tribunal is not a court. Some hearings maybe held in a court building but they're far from a court and you're not on trial.

What matters now is which descriptors you think apply and why. If you haven't already done this then you should give at least 2 real world incidents of what happened the last time you attempted that activity for each descriptor that applies to you.

Include information such as where you were, what exactly happened, did anyone see it and what the consequences were.

chili14

Thanks @poppy123456
sorry I keep automatically calling them court. 

I did put more examples in my MR and in their response they agreed I’d provided good anecdotal evidence but still could not award me. 

@Username_removed very long and helpful message about appeal and examples that aren’t assertions (?) so I will write more examples. I certainly fall under the varying category, 3 days last week I spent in bed barely functioning, this week so far, I’ve been off pain meds and just normal daily medication. 

Thank you, for putting my mind at ease  

poppy123456

For PIP you need to be affected at least 50% of the time over a 12 month period. If you spend 3 days of a week in bed, what happens over the rest of the 4 days? If you told them this at any stage then they will take that at face value and assume you're fine during the rest of the week. Although what happened last week will not be considered i'm just trying to give an example.

There's a very good thread here that may help. Take note of Mike's comments through out.

https://forum.scope.org.uk/discussion/87932/pip-tribunal-representation/p1

chili14

Yes that’s the post I’d found with his help. Very good advice and as someone who has always been very process driven and a + b = c, it’s difficult to think the other way. The examples are brilliant tho and it really is great help that you all give on here. I wish I’d found you all sooner as I can see where I didn’t provide enough on my original form.

oh no the three days in bed where totally miserable days (the-team will-be-wanting-me-in-hospital-again-if-I-don’t-control-this-soon-days!), the bad days are where I can do bare minimum and good days and where I can do some tasks. But I understand what you mean, thank you.