Hi, my name is irish09! I have a few questions about my appeal — Scope | Disability forum
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Hi, my name is irish09! I have a few questions about my appeal

irish09
irish09 Community member Posts: 7 Connected
edited October 2020 in PIP, DLA, and AA
Hi everyone I'm new here but looking advice . In 2018 I went from high high on DLA trasfered to pip and lost all mobility and was only on daily care . I was being payed for a year 75% off the part I lost .. I asked for pip to review the case a year later.. and in jan 2019 I lost all pip ..
Now what had happened was the gp surgery i was with failed to fill out the capita form with correct info on my diagnosis and didnt mention my mental health problems and my prolapsed disc in my back .
I had appealed and have waited from jan 2nd 2020 recived an appeal date oct 6th 2020 . 
Now that was ajourned now until 20th Nov 2020 waiting on further evidence with they recived straight away from my representative 

More info and questions 
I was unregistered with doctors for 12 months due to mistreatment they wouldnt listen to my problems...even when I was suicidal they blew me off all the time 
I had alot going in losing my mother benifits and home all at once 
They didnt want to listen to me at all 
The new doctor is perfect and has me sorted in a few weeks now with all health problems being investigated:)



I had a representative stand for me and gather all medical evidence 

There was 10 pages sent in of evidence and the statement from my representative aswell 
The capita assessment tht I done they failed to mention all the problems I had mentioned on the day they stated I had no problems at all witch was false .......

Health issues below

Was diagnosed with Sicitia when I was 17 years old 

Then a year or 2 later a prolapsed disc in lower back degenerative disc disease had MRIs and the spinal injection with no help 

In 2007 was diagnosed with mental health problems  

2009 diagnosed with IBS 

Now I've been diagnosed with a psychiatric disorder and being tested atm waiting on doctors 2020 

I've recently been diagnosed with cronic fatigue syndrome 2020 

Vitamin d and folic acid deficiency  diagnosed 2020

Meds 
Gabapentin 
Mertrazipine 
Promethazine
15/500s cocodamol
Vitamin d
Folic acid 
Zopliclone





Questions. 

1. Can this decision be overturned by dfc before the appeal because they have new evidence?  And proof that the old gp failed to mention my health problems on the capita form ( the evidence was put forward to pip aswell as appeal service) even tho it was all in my medical files he failed to go thru ?

2.can I lodge a complaint on how it was handled by capita and the accesser not listed the problems I had stated on the day ? Also can I lodge a mistreatment claim against the doctor for failing to mention the above info on capita ?

3.if I recive an appeal can I claim from the day I lost my money moving from dla to pip or only from when I asked them to look at the claim again ?

4. If I get an offer from dfc before the appeal do I accept or just wait .( seen news on this ) 
5.what do I expect on the appeal its via phone call in nov never done this and quite distressed 


I sorry this is so long I just dont no where I stand I've been waiting 13 months by the time the appeal comes 
Appreciate you reading this and hope everyone doing well in this pandemic 
Thanks Irish 

Comments

  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    edited October 2020
    Welcome to the community @irish09 :) There's no need to apologise for the long post, this sounds like a distressing situation.

    I'm really glad your new doctor is good, and your health problems are finally being investigated properly. How is your mental health at the moment? 

    I've moved your post into the PIP, DLA, and AA category so that our members will be able to find your post more easily and try to answer your PIP queries.
    National Campaigns Officer, she/her

    Join our call for an equal future.
  • irish09
    irish09 Community member Posts: 7 Connected
    Hi @Tori_Scope my mental health is bad has been for past 15 years not seen any improvement . More outbursts full off emotions day in day out . This is also due to being in the troubles when I was very  young long story .

    Thank you for the reply and thanks for moving the post :)
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    HI and welcome,

    1/ Yes it's possible you can be offered an award by DFC before the hearing date but it's rare that this happens so do expect it.

    2/ Yes you can put a complaint into the Capita about your assessment, details on how to do this will be on their website.

    3/ Put a claim in for miss treatment from your GP? Ummm no because it's not their responsibilty to send any evidence to support your claim. The onus is on you to make sure the evidfence is sent to support your claim. Also PIP isn't awarded based on any diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    4/ No, you can't appeal your claim for when you transfer to PIP and got a lower award because the timescale to do this is a maximum of 13 months and you're well outside of that time.

    5/ If you do get offered an award before the hearing it's entirely your decision whether you choose to accept this and only you can decide that.

    6/ The questions they ask you on the day of the hearing will totally depend on your case and how your conditions affect you and no here knows any of that. If you don't understand what they ask just ask them to repeat it. Sometimes you don't have a decision on the day, if this happens they will send you a decision letter within about 3 weeks.

    Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    No problem @irish09 :)

    I'm sorry to hear that You mentioned you had been diagnosed, and were awaiting tests. Are you receiving any kind of support for your mental health in the meantime? 
    National Campaigns Officer, she/her

    Join our call for an equal future.

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