PIP, DLA and AA
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Tribunal Help???

sweetsuzysweetsuzy Member Posts: 3 Listener
Hi all, I am new here, brief of who I am, 38 y/o woman in a few weeks, still live at home with mum as to ill to have a normal life, i.e kids, hubby, job lol, I have Ehlers Danlos, a connective tissue disease, fibromyalgia and M.E and non alco liver disease as well as all the lovely things that go along with all those lol I have mental health issues also which don't help. anyway im at the tribunal stage of PIP having lost it all the week before xmas 2018 except low care. I am in bed 4-5 days a week unable to move with full body paralysis and the days I am up I suffer with a lot of pain, and other symptoms. my drs don't help, ive just had to fight the last 8 weeks for my medical notes as DWP lost all my notes and when I turned up to court all the judge had was 3 pieces of paper from them so he adjorned and requested my notes. So as you can imagine Im at my absolute wits end. I did change drs last year hoping for some help and they found my liver was buggered but have just left me. im fighting for full mobility and care like I had before, I feel I deserve it with all the pain and struggle I have every single day. they did ring and offer low care and low mobility but I said no. the judge was so rude, just kept saying he was going to take the money I do get off me if I carried on. I need some help guys please, im a genuine case and I just don't know what to do, this is without all my mental health issues. thank you so much Suzy xx

Replies

  • tru88letru88le Member - under moderation Posts: 87 Courageous
    edited May 2
    I can tell you that the doc has to give you the notes and you have to ask for them in writing explaining the urgency.
    I had/have the exact same situation and its not improving.
    Basically i would say now is the time to get in touch with anyone whi can write a statement that backs up your case and sticking to the relevant questions with what they say, like relevant to specific descriptors.
    Theres a form you can print somewhere with pip questions that you can tick and they can sinply  sign or tick what they agree apllies to you, the point being it directly relates to what is relevant in your case and not too general and open to interpretation.
    If you can get letters off any docs who treat you or give them a sheet to sign or nurses and family too.
     If any evidence you send them turns out to be missing you can get the decision set aside and have another tribunal. Assuming its a bsd result.
     I did all this im suggesting to you myself its a mad time for a while but when its done its done.
    The tribunal took all my award, suddenly making the DWP seem generous as i only really wanted two extra points but they look at it all again, with me  they set aside the decision because the warning given at the adjourned tribunal was not clear and they had no idea what it was for even after looking at the notes. They still took it all off me but it was set aside.
    Thats where I am now, just a few months ahead of you but no better off. Yet.
    My first tribunsl wanted notes from a two year period which excluded a lot of info that was relevant so if yours includes a lot of stuff go through it and take out the odd thing that doesnt back you up such as a nurse had put years ago that i said i felt okay, well the tribunal pounced on that and i realised i should have gone through it for stuff like that snd sent them only the bad news. I mean all the issues i have with my heart and they pick uo on me saying i feel okay today over 5 years ago!
    Just get as much evidence as you can in the form of statements cooy it and send it recorded and when you get confirmation and copies back you can relax for a bit but for now you have to hassle people and get those statements and look for those supporting statement forms for pip appeals too as they prevent the tribunal from misinterpreting them which they will if they can.
    I will post a link but they might be on this site somewhere
    They are useful because healthcare people dont like doing it because they get hsssled or blamed if they do it wrong and the forms  help them to stick to whats really relevant
    :smile:

  • mikehughescqmikehughescq Member - under moderation Posts: 4,932 Disability Gamechanger
    1 - don’t do this by yourself. Get a rep. Start with https://advicelocal.uk/.

    2 - you did well to refuse the offer. I doubt the judge intended to be rude. If the pauses as they stand suggest removal of an award they’re obliged to warn you before you carry on especially if you want to carry on because it’s taken ages to get there when it might not be wise to do so.

    3 - when tribunals adjourn for medical records their expectation is that you’ll get them. This shouldn’t be an issue nowadays as your GP has no choice but to provide them for free. It will be an issue at present given Covid-19.

    4 - what tribunals are really saying when they adjourn for medical records is that your case lacks enough evidence to award and they don’t really mean medical evidence. They mean the claim pack; anything with the claim pack plus the HCP report. What you’re essentially missing is anecdotal evidence. The real world stories of your attempts to perform the points scoring activities. 

    I’d focus on your anecdotal evidence now and getting a rep. If you get those bits right now then the need for GP records will likely decrease. 

    What I would say, and I’m going to directly contradict @tru88le is that you must not take out evidence which is unhelpful. As has been discussed on another thread that’s a breach of the Tribunal procedure rules and will not play well at all. Tribunals require to see all evidence and would rather you explained why evidence was not representative  rather than pretend it didn’t exist. Exclude stuff and your damaging your own credibility as a witness. 
  • sweetsuzysweetsuzy Member Posts: 3 Listener
    Thank you so much for your advice guys, very much appreciated and am going to look into getting a rep. The problem with the doctor is they just didnt want to help, I fought to see a cardiologist for 2 years and it was the pain clinic who sent me eventually. The gps just kept ignoring me, so not a great lot of evidence, I do have the diagnosis of the illneses from years ago but that's it.
  • mikehughescqmikehughescq Member - under moderation Posts: 4,932 Disability Gamechanger
    edited May 2
    Yes but your GP records will show visits you can then talk about in detail including when they had a poor outcome for you.
  • tru88letru88le Member - under moderation Posts: 87 Courageous
    Just posted about this but your comment about providibg medical evidence  and the warning given if lacking.
    What just happened to me is is the dwp unkniwing to me had remived my medic records from the tribun notes . Oi wanted to kn8w if the tribunal knew and maybe that is what happened here too and the reason for the warning is being caused by the dwp again removing your notes but saying nothing so you turn up iblivious that you have no chance at all.
    The dwp rep at mine said nothing of 8t at all which is realky suspicious. I only found out when reading an upper tribunal submission from the dwp a year later! Now 8 know why i lost so badly.
  • mikehughescqmikehughescq Member - under moderation Posts: 4,932 Disability Gamechanger
    This seems off topic here so I shall post on your other thread.
  • poppy123456poppy123456 Community champion Posts: 21,139 Disability Gamechanger
    Not sure why a thread that's 6 months old has been commented on.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • tru88letru88le Member - under moderation Posts: 87 Courageous
    Because they option is thefe obviously.
    To update information.
    To post about progress.
    Because it was related to a subject of the thread.
    Which begs the question what purpose does your comment about it being six months old have?
  • bracabraca Member - under moderation Posts: 81 Pioneering
    Not sure why a thread that's 6 months old has been commented on.
     poppy123456 you give very helpful advice to those who find it very hard with Benefits claims myself included, but sometimes you just have to stand back a little and let people have their say without your input


    ,
  • poppy123456poppy123456 Community champion Posts: 21,139 Disability Gamechanger
    edited November 24
    Commenting on old threads with a totally different topic isn't helpful and just causes confusion. I also wasn't the only person that thought it was off topic either but oddly you decided to mention just me....
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • tru88letru88le Member - under moderation Posts: 87 Courageous
    edited November 25
    [Post edited by moderator]
    No it doesnt, threads can appear in search engine listings ror all sorts of reasons and deaw people to look.
    I see persistent arguing in an old thread as even less useful.

    The entire reason I p9sted on the topic of qnecdotes is because I believe people are being encouraged to focus on the wrong thing as if anecdotal evidence can make an apoeal when it cant. I prefer facts and I honestly believe facts are what make an appeal successful.
    In fact had I listened to your opinion I would n9t be at the upper tribunal stage I would have accepted your point that theres I got a warning therefore 8 was at fault for priceeding. Which turned out to be utterly wrong as there was much more to it.
    But what if people took that advice and lost their appeal...
  • Tori_ScopeTori_Scope Administrator Posts: 2,086 Pioneering
    Hi everyone,

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  • CressidaCressida Member Posts: 505 Pioneering
    edited November 25
    braca said:
    Not sure why a thread that's 6 months old has been commented on.
     poppy123456 you give very helpful advice to those who find it very hard with Benefits claims myself included, but sometimes you just have to stand back a little and let people have their say without your input


    ,
    tru88le said:
    [Post edited by moderator]
    No it doesnt, threads can appear in search engine listings ror all sorts of reasons and deaw people to look.
    I see persistent arguing in an old thread as even less useful.

    The entire reason I p9sted on the topic of qnecdotes is because I believe people are being encouraged to focus on the wrong thing as if anecdotal evidence can make an apoeal when it cant. I prefer facts and I honestly believe facts are what make an appeal successful.
    In fact had I listened to your opinion I would n9t be at the upper tribunal stage I would have accepted your point that theres I got a warning therefore 8 was at fault for priceeding. Which turned out to be utterly wrong as there was much more to it.
    But what if people took that advice and lost their appeal...
    How rude, mods surely you should remove this post as I find it abusive and it's not aimed at me. @poppy123456 had a break from the forum recently and was greatly missed. I think she needs support from the Scope team to show how valued she is on here. 
  • poppy123456poppy123456 Community champion Posts: 21,139 Disability Gamechanger
    The best place for certain members is on an ignore list..... one of the best features on the community :)
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,605 Scope community team
    Closed pending review.
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  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,605 Scope community team
    We've made the decision to keep this thread closed as it appears to have served its purpose and there is a more constructive discussion on the topics raised here

    Additionally, some comments have been removed or edited by the team.

    As @Tori_Scope said, it is important to keep our community guidelines in mind when posting. It is okay to disagree and to state that you disagree, but it is important to do so while remaining respectful. 
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