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Challenging a PIP decision.
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I had a phone assessment for PIP during the early stages of lockdown. I was claiming for my Autism. After the assessment ended I got a letter awarding me 0 points as I expected, instead of asking for a Mandatory Reconsideration I instead went to a tribunal and lodged an appeal this is where it gets a little hectic so bare with me.

During the form filling process of PIP it asks to name medical professionals to send in evidence of your conditions, it turns out the DWP didn't contact my Drs/case workers and I had to get my MP Involved not once, but twice, the first time was to ask the DWP to contact my Doctor so they can send in evidence, which the DWP eventually did after my MP got onto them, the second time my MP got involved was at the stage when i was waiting for an assessment to become available, i had been waiting months at this point and the DWP were probably putting my assessment on hold so i could go in and prove my disability to them in person, my MP had to write to them again to ask for a phone assessment which i got again only because my MP got involved and wrote to the DWP on my behalf.

I mentioned earlier that I went straight to tribunal instead of asking for a Mandatory Reconsideration from the DWP after I was awarded 0 points from them, my reasoning behind this was that I would probably have to take the PIP claim to tribunal anyway as the Mandatory Reconsideration is just another road block from taking it to tribunal. After i lodged my claim the tribunal said that the DWP requested my case to be struck out due to me not asking for a MR as I didn't follow the correct procedure, the tribunal rejected this and decided to keep my claim open. As the DWP requested my case to be struck not due to me not asking for a MR first and not following correct procedure, i mentioned to the tribunal that the DWP did the exact same thing with me from the off-set of making a PIP claim and that they have some nerve to say i didn't follow procedure when they didn't from the start of this whole episode. I said to the tribunal that my MP can back-up my claims of me asking for help and getting him to write to the DWP on my behalf. What can I do in the mean time, can i challenge the DWP directly about this or should i just wait and see what the tribunal says. I am thinking that because I can prove that the DWP don't follow there own procedures if it would be worthwile or not phoning them up and asking them to give me what I am rightfully and legally entitled too and to end the games.

P.S. sorry for the long read.

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4 years ago