DLA Evidence In PIP Appeals
keira
Community member Posts: 133 Courageous
My brother is appealing the short length of his PIP award due to his long standing medical conditions . The DWP stated in their submission to the Tribunal that he didn't ask for his DLA evidence to be taken into account when he originally made his phone claim to PIP. However, the telephone operator did not ask him if he wanted his DLA evidence taken into account? In the DWP bundle there is no evidence that he was asked this question. Where does this leave him as far as his appeal is concerned?
Comments
-
Hi keira
Is your brother only appealing the award length ?
CR
Be all you can be, make every day count. Namaste -
Hi CR,
No, he is appealing another issue too. However, the statement re the DLA evidence is only cited in their reasons for not giving a longer award and is not mentioned anywhere else in their submission. -
Hi keira
If your brother has DLA evidence that is fairly recent then it will be a good idea to submit this for his appeal
CR
Be all you can be, make every day count. Namaste -
Thanks but the DLA evidence is not recent. Also, I didn't realise that DLA evidence was relevant as it is a different benefit with different criteria.
-
If the DLA evidence is not recent/relevant then you need to concentrate on showing that he meets the criteria for the challenge. Long term DLA may have been of use as to length of award and likely prospects
CR
Be all you can be, make every day count. Namaste -
If DLA evidence can help in some cases then they need to advertise this more widely. Not just say someone didn't ask for it to be used when making their phone claim to PIP and then they can't even produce any evidence of this!
-
Hi keira
A recent post by @Username_removed mentioned the possible benefit but I can't find the post at the moment
CR
Be all you can be, make every day count. Namaste -
Thanks CR. Hopefully @Username_removed can give his advice regarding this.
-
The only medical evidence I submitted for my PIP appeal was the DWP doctor's report and my GP's report from 1998 when I first claimed DLA, my PIP appeal Hearing taking place some 19 years later. The tribunal placed a lot of weight in this old medical evidence; however, I do have a condition that can never improve. So, old medical evidence is likely to be accepted if at the time you had a condition that cannot get better.
-
-
Username_removed said:Very simple. In view of the assertion that DLA evidence was not requested you
1) Post the evidence to HMCTS and ask for its inclusion in the appeal papers. Don’t tell them what it is. Just write a letter advising that this is further evidence for inclusion. This won’t be refused. It’ll then be up to the tribunal as to what weight they give to that.
2) Make a separate request headed “Request for a direction” and ask for a judge to direct the DWP to include the PIP 1 as
a) it ought to be in every set of appeal papers.’
b) DWP need to evidence their assertion the answer to the DLA questujn was no.
HOWEVER, it is naive to think that any of the above will automatically tip a PIP decision your way. You need to identify the specific points to be scored and identify the more recent evidence to support that, especially anecdotal examples of daily living and mobility issues.
Thanks Mike,
Would it make any difference to the tribunal if the the PIP1 proved that they did/didn't ask my brother if he wanted his DLA evidence used as this is the only reason the DWP have given for not giving him a longer PIP award?
-
Username_removed said:If you can get the DLA evidence into the appeal papers then job done anyway.
Just one more thought, he never received his invitation to claim PIP as they sent it to the wrong address so it was after his DLA stopped that he rang to claim. So it must be this phone call they are talking about and stating that during this he didn't ask for his old DLA evidence to be used. Does any of this make a difference? -
Username_removed said:There’s no way of knowing what difference it would make but having read that I would say ask for directions re: the PIP 1 abs explain why.
-
keira said:Username_removed said:There’s no way of knowing what difference it would make but having read that I would say ask for directions re: the PIP 1 abs explain why.
-
Username_removed said:Yes. It takes the decision as to whether to listen to the point out of the hands if the tribunal.
Brightness
Categories
- All Categories
- 13.3K Start here and say hello!
- 7K Coffee lounge
- 101 Games lounge
- 482 Cost of living
- 4.6K Disability rights and campaigning
- 1.9K Research and opportunities
- 230 Community updates
- 9.6K Talk about your situation
- 2.1K Children, parents, and families
- 1.6K Work and employment
- 806 Education
- 1.7K Housing and independent living
- 1.4K Aids, adaptations, and equipment
- 666 Dating, sex, and relationships
- 374 Exercise and accessible facilities
- 845 Transport and travel
- 32K Talk about money
- 4.6K Benefits and financial support
- 5.2K Employment and Support Allowance (ESA)
- 17.2K PIP, DLA, and AA
- 5K Universal Credit (UC)
- 6.4K Talk about your impairment
- 1.8K Cerebral palsy
- 886 Chronic pain and pain management
- 183 Physical and neurological impairments
- 1.1K Autism and neurodiversity
- 1.3K Mental health and wellbeing
- 328 Sensory impairments
- 832 Rare, invisible, and undiagnosed conditions
Do you need advice on your energy costs?
Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.