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Hi, my name is issiem58!

issiem58issiem58 Posts: 19Member Connected
Hi all

this is my first post on any disability website but I feel I need some peer support now as I am appealing  a PIP decision  (new claim)  I would appreciate any support from anyone who has been through the appeal process and what to expect.  I am at the tribunal stage and I have just received my response to my appeal application from the DWP. 

I expected it to be lengthy, however, they have not responded with anything more than what they put into the Mandatory Reconsideration, no legislation quoted to support why they are opposing the appeal, and just that they agree with the HP report.  I forwarded my ESA report, I am in the support group in the long-term, i.e.  have a long award period and acknowledged that I understood fully that the two benefits were different but pointed out that the medical assessments were synonomous and asked for my ESA report to be admissable as evidence.  The reason for this is that the HP for my PIP lied throughout and her report is highly inconsistent both internally within her report, and with my ESA report - the two assessments were take only 3 months apart.

The DWP have argued that they trust the HP as she is highly trained my argument will be that the HP for ESA is also highly trained to exactly the same standards yet one medical report contradicts the other, and my ESA report is highly consistent an accurate with what was discussed at my assessment, but the PIP report is at best 'fantasy'.

I would be very grateful to anyone who would share their own experience of HP report inaccuracies and whether anyone elses DWP response to the Tribunal Appeal just said what the mandatory reconsideration decision said.  I was expecting them to refer to legislation, they have use none, whilst my application included a wealth of legislation and reference to case studies to support my appea.

Sorry, this is very long-winded for my introduction to you all. 

I look forward to sharing all of my own experiences with the Scope site and hope that I can contribute and help as well as taking from the site.

Have a great day!! Take care all!


Replies

  • CockneyRebelCockneyRebel Posts: 5,249Community champion Disability Gamechanger
    Hello Issiem and welcome

    No wories about long post, we understand where you are at.
    It is all to common for reports like yours but although it makes you angry you need to forget about it.
    You will not score points and win your appeal by arguing about the report, You will only win by showing that you meet the descriptors and the points you deserve.

    It sounds like you have submited a strong case at MR, but is usual, as you have seen for the DM to favour the HCP report.

    If you have any further evidence the you can submit this to the tribunal but it is not necessary. The tribunal will consider all the evidence without the bias of the DWP.

    Do you plan on attending the hearing ?
    The sucess rate is around 65% but attending will give you a better chance to explain your case to the panel if need be.

    You haven't said what, if any award you have, be aware that the judge must tell you before hand if he thinks your current award is unsafe giving you the chance to withdraw your appeal.

    When writing your submission try to put it as a summary of all the evidence and reference your it to the bundle specific to each point you want to make. Try not to add padding to it, think like a judge, make it easy for them to understand. I have said before  Submissions should be quality over quantity.

    I hope that helps

    Please ask any more question or let us know if you need more help

    CR 
    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Posts: 19Member Connected
    Hi

    Thank you so much for your reply, I really appreciate it. 

    I only appealed for PIP in January 2017 as my health and my ability to carry out daily living activities as well as my mobility is continuing to deteriorate.  I have problems with my cervical spine (lots of different things) my upper mobility is very poor.  I also have unstable angina so my mobility is affected substantially, but with an accumulation of different diseases I have, all of which are progressive and degenerative.  I don't know what part of progressive and degenerative the DWP fail to understand.

    You are perfectly right about the report, I have tried not to focus on this and I think I have a strong case.  I am just awaiting my medical records that provides substantial evidence to back up my claim.  I did record my pip, and did not tell the assessor I was doing so, but I have quoted the appropriate data protection legislation in this case and this clearly states that I can take electronic notes for my own personal use, and don't have to tell anyone I am doing this, but given the inaccuracies in my report, I have put to the court that "I respectfully request that this evidence be admissible in court" I have done the same with my ESA medical report, acknowledging that the DWP are right to state that PIP and ESA are different benefits, but I have argued that the medical assessments are synonomous and again, I have put to the court that I respectfully request that this evidence also be made admissible in court.  Hopefully they will allow this. 

    My daughter, who is also my carer and does most things for me, wrote a comprehensive report to the court explaining the difficulties with my daily living and mobility and what  a typical day looks like for me.  The DWP have responded by stating that this has no credibility as she has not medical training.  However, I have argued that because she cares for me she is best placed to provide evidence.  The DWP are adamant that the assessor asked be about a typical day.  She didn't!  She asked if I had hobbies.  So it is there word against mine unless they take the recording into consideration and my daughter's evidence, she attended the medical assessment with me, so can back up my version of events.  But the DWP said they believe the HP not my daughter.

    The conclusion from the DWP in there response was that they 'oppose the appeal and have asked for it to be dismissed'.  I am worried that the court will listen to them and ignore my appeal. Is this something the DWP do routinely, to oppose the appeals and ask for dismissals?

    Any support between now and my appeal would be gratefully received.  I feel like just giving up.  It is surreal.  I have never taken anything from the state until 2 years ago when I became too ill to work.   Adapting to a new normal has been a struggle, I miss work, I miss going out on my own, but I know we are all the same in this sense, and sorry about the moan in this regard.   I really want to get to court so I can put my case verbally to the Judge and panel.  My daughter is attending as a witness and I am in the process of putting together my submission.  I have a recent abnormal MRI and Bone Scan that shows how damaged my spine is and the problems this causes for me daily.  I hope I will be allowed to submit this as further evidence.

    Many thanks. 
  • CockneyRebelCockneyRebel Posts: 5,249Community champion Disability Gamechanger
    I will try to answer to the best of my ability#
    The court is unlikely to accept your recording

    The tribunal will only be interested in your functionality and not so much on your medical records

    The DWP letter is standard I have never heard of a case when their oppositnon prevented the hearing so don't worry about that

    The tribunal will look at all the evidence without the bias of the DWP so your daughters testiomny will be considered

    Your recent MRI and scan should be included if it is consistant with your condition at the time of assessment

    Taking into account of your typical day is good, maybe you could keep a diary for a week or so and submit this to the court.

    Any further evidence must be with the court seven days before your hearing

    In your submission, make good use of the reliability factors Safely, Repeatedly, To an acceptable standard, In a reasonable time
     and for the majority of time

    I hope this helps

    Please come back if I can be of any more help

    CR 

    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Posts: 19Member Connected
    Hi
    Thanks for your reply.  Yes the MRI is consistent with what was described by me at the assessment and at the assessment, I told the HP that I was awaiting an MRI as my symptoms had worsened at the time of the assessment.  I also have a bone scan that was done after the MRI due the number of abnormalities found on the MRI.  To be honest, I just hope I get to the tribunal as this will allow me to put my case forward and my daughter's report provides ample evidence to support my application.  She is also giving oral evidence.  I had a previous assessment in July 2016, but this could not go ahead when I got there as the computer broke and I was too upset anyway, so I was only there for about 15 minutes.  I didn't bother to appeal that one.  However, the DWP received a report from the HP who was supposed to do the assessment, and she has even reported a physical exam!  The assessment never took place and so the report is fantasy.  They must get paid for the reports.  This is surely fraud.  The DWP sent this report with their response as well as the one I am appealing.  I will mention it in my submission.   I don't know how they have got away with these false reports for so long!  I am preparing my submission based on legislation and case law to support it. 
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