PIP Appeal

Crazydennie

The DWP have submitted their response but there is a basic error in there reasoning.

They have declared that I do not have not have any mental health issues anymore. But I have been on antipsychotics and antidepressants for the last 6 years with a diagnosis of Delusional Disorder and my symptoms are ongoing. The medication I am on and my diagnosis are included in their report.

Do I address this with them directly or via the appeal portal?

Scrinja

Crazydennie said:

The DWP have submitted their response but there is a basic error in there reasoning.

They have declared that I do not have not have any mental health issues anymore. But I have been on antipsychotics and antidepressants for the last 6 years with a diagnosis of Delusional Disorder and my symptoms are ongoing. The medication I am on and my diagnosis are included in their report.

Do I address this with them directly or via the appeal portal?

I think it would be best to appeal if they have the information in the report it can be verified by your Doctor very easily
If they want to confirm it you cant rely on them to get anything right it seems well put in place to make things as awkward as posible for all claimints
Good Luck 

Crazydennie

I have already appealed and Dwp have responded to the appeal. And I have the option to send further evidence. But this is not new evidence they already have this information so do the dwp read the further evidence through the appeal?  or do i call the dwp and tell them that they have this information and it has been missed.

tacpot12

I don't see that you have anything to lose by sending in further 'evidence' that reminds them of what information they already hold AND the interpretation you want them to put on it. They will either ignore it or take the opportunity of avoiding going to an appeal and looking daft, especially as your new 'evidence' will have to be included in the bundle. 

Muttleythefrog

Agree with tacpot12. If they are saying you no longer have Mental Health problems (at time of their decision) and you have had ongoing diagnosed and medicated such problems I'd be tempted to send in further evidence to refute their assertion including highlighting their own submissions/evidence that supports your position. Ultimately you are now dealing with the independent appeal although as tacpot suggests there is small potential for the DWP to see the evidence and react to it (such as by trying to avoid appeal/ make an offer).

Crucially though don't lose focus (at any point in claiming PIP) of the activity descriptors and explaining the applicability of relevant ones.

Spoonie_Turtle

Do you mean they have all the evidence already and thus anything you can send is not technically 'further' evidence?  If you're up to it then no harm in sending copies of the relevant parts of the same evidence highlighting why they're wrong, basically.  And as Muttley says, focusing still on the descriptors.

Crazydennie

Thanks all. Yes they have all the evidence.  I will do as suggested and highlight to emphasise the points they have got wrong/missed

Alice_Holt

Send your additional submission directly to the Tribunal Service not to the DWP, pointing out the errors in the DWP submission and reiterating how your poor mental health impacts on the PIP descriptors.

You can get a copy of your medical records from your surgery at no charge (by requesting a Subject Access request). If this confirms the DWP statement is incorrect then you can also submit this to the tribunal. (Note that often a tribunal will request the claimant to obtain and submit their medical records where there is a dispute about health conditions).

If this was a renewal refusal then get family members / carers / support workers to confirm that your condition and ability to reliably perform the PIP descriptors on the majority of days has not improved.