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PIP claim denied due to comparison of previous claim
- Diamondgem13
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6 months 4 weeks ago #290415 by Diamondgem13
PIP claim denied due to comparison of previous claim was created by Diamondgem13
Hello, long time lurker, first time poster
I am perplexed. I previously was awarded PIP in 2019 when my mental health was at an all time low. I got better, told PIP to stop my payments and all was well.
I have recently done a new claim for PIP based on my ADHD and how it affects me in line with my mental health as well. I did the assessment and received a copy of this report as well as my decision letter where i basically scored zero points.
My argument is that in the assessors report and the decision makers summary they constantly compare my current answers to my previous claims answers and my current state vs my state then. Surely, as this is a totally new claim and not a continuance or review it should be treated as such in its own merit?! I think its highly unfair and prejudicial to compare the 2 claims surely?
The letter took 6 weeks to arrive in the post it seems also, so I will be doing a MR but already i am on the back foot for it being late.
Just wanted to get others thoughts and opinions here, if i have a valid argument and how I can convey that in my MR?
Many thanks
I am perplexed. I previously was awarded PIP in 2019 when my mental health was at an all time low. I got better, told PIP to stop my payments and all was well.
I have recently done a new claim for PIP based on my ADHD and how it affects me in line with my mental health as well. I did the assessment and received a copy of this report as well as my decision letter where i basically scored zero points.
My argument is that in the assessors report and the decision makers summary they constantly compare my current answers to my previous claims answers and my current state vs my state then. Surely, as this is a totally new claim and not a continuance or review it should be treated as such in its own merit?! I think its highly unfair and prejudicial to compare the 2 claims surely?
The letter took 6 weeks to arrive in the post it seems also, so I will be doing a MR but already i am on the back foot for it being late.
Just wanted to get others thoughts and opinions here, if i have a valid argument and how I can convey that in my MR?
Many thanks
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- BIS
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6 months 3 weeks ago #290447 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP claim denied due to comparison of previous claim
Hi Diamondgem13
You have four weeks from the date on the decision letter to put in for your Mandatory Reconsideration. If you will be late - you need to contact the DWP immediately and ask permission to put in for a late MR.
On the surface, it does appear unfair - to make comparisons to old information. If I sound slightly hesitant that is because obviously I have no idea what information you gave originally and how that stands against your health now. I can see how in some cases the DWP would use old information because it is available to them.
Now you know what has happened to you and where you are, and I think you emphasise to them in your opening paragraph that this is a new claim and should be treated as such and that your health has changed and deteriorated. Did you send in new medical information this time round? Did you get a recording of your assessment?
Make sure that you read the Guide to PIP appeals (MR information is there) and how to challenge a medical report so you can check you're not missing anything that might be useful. If you didn't before, I would include something about ADHD from a reputable website and highlight all the symptoms that effect you. If you have any family member, loved one or friend who can write a letter covering some of the PIP criteria issues, that would also be a help.
BIS
You have four weeks from the date on the decision letter to put in for your Mandatory Reconsideration. If you will be late - you need to contact the DWP immediately and ask permission to put in for a late MR.
On the surface, it does appear unfair - to make comparisons to old information. If I sound slightly hesitant that is because obviously I have no idea what information you gave originally and how that stands against your health now. I can see how in some cases the DWP would use old information because it is available to them.
Now you know what has happened to you and where you are, and I think you emphasise to them in your opening paragraph that this is a new claim and should be treated as such and that your health has changed and deteriorated. Did you send in new medical information this time round? Did you get a recording of your assessment?
Make sure that you read the Guide to PIP appeals (MR information is there) and how to challenge a medical report so you can check you're not missing anything that might be useful. If you didn't before, I would include something about ADHD from a reputable website and highlight all the symptoms that effect you. If you have any family member, loved one or friend who can write a letter covering some of the PIP criteria issues, that would also be a help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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