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Lost my PIP appeal, what next?

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7 years 8 months ago #165788 by Jo
Replied by Jo on topic Lost my PIP appeal, what next?
Thanks Alison. From start to finish it took 10 months for me. It had been adjourned once because they wanted DWP to provide more evidence on why I had been put in the support group for ESA and why I had the mobility award of DLA. They didn't provide this evidence and the tribunal didn't care tbh.
They made such a big issue over the fact I had paid for a report. They also were concerned that I had asked the doctor to correct 3 mistakes. The dr put the wrong medical information in the letter and I politely asked it to be amended to be corrected and the judge said it looked suspicious because I offered to pay. I had to point out that medical evidence has to be paid for in private matters. They did concede this fact but I feel it tainted the hearing because she made such a big issue of it. Now if I had anything to hide. I wouldn't have released my medical records. It's been so stressful as you will understand.
They kept saying things like but you were self employed up until last year so how can you be so bad. I though PIP was nothing to do with work. My appointment was the last of the day and it's like they couldn't be bothered. I haven't decided if I am requesting the statement of facts yet. I might just ask to be reassessed and take it from there. Good luck with your appeal. Not that I'm an expert but make sure you tell them in great detail the things you struggle with. If they ask about the present. Keep referring them back to when the decision was made.
According to the doctor at the tribunal. Even though I have all these health issues I look so healthy so that's all that matters I suppose. Good luck x

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7 years 8 months ago #165790 by Jo
Replied by Jo on topic Lost my PIP appeal, what next?
Thank you. I couldn't believe the issues she was making out of the fact I had to pay for the statement. They said it was suspect because I asked them to amend 3 mistakes that contradicted the information I provided so they were saying things incorrectly. The GP got an operation wrong and some levels of medication. I write a note politely asking them to change it as it was wrong and that's when they said it looked like I was just paying to get my GP to back me up. I had to point out that there is always a charge for medical evidence in private matters. The doctor on panel agreed with me and the judge said 'yes I suppose so' but I do believe that they used that as part of the decision making.
According to the CAB who read my supporting information. I had good grounds for getting points increased and also the fact that I have to stop every 19-25 metres means I qualify but they paid no attention to my examples of me struggling not being able to do tasks repeatedly. I feel like they are making me out to be a liar. I will ask them for the statement of reasons and see what it says. I just worry DWP will use it against me if I ask for reassessment.

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7 years 8 months ago #165791 by Jo
Replied by Jo on topic Lost my PIP appeal, what next?
Thank you Gordon.

I will wait until I have seen the spinal specialist and then ask for reassessment. They are not reassessing me until after October 2017 but no later than October 2018 and that seems a long time to wait.

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7 years 8 months ago #165813 by alison
Replied by alison on topic Lost my PIP appeal, what next?
hi jo,.
that is awfull they suggested you bribed your GP, dont they realise that we have a charge for these they dont do it out the kindness of there hearts it all about money, do they honestly think you could even bribe a dr thes days ,your lucky if you see the same GP these days to get to know them enough ,never mind bribe them ,!!! dont get nothig for free anymore they even tell you to buy over counter medication to save them money ime in wales btw so prescription are free here,. , makes me so annoyed it does , ive got oestio arthritus and because i cnt take anti inflammitories the only other alternative they will give me is co codomol .30/500 for the pain , ive been taken them 8 yrs now and dont even do anything anymore ,but these are cheap to prescribe you see save them money once again ,,but in my HA and DM report it states throughout every descriptor that my level of painkiller is low ,??,. ive payed my surgery 50 pound in the last 10 mth between esa and now pip for letters etc supporting my claim,,it been nothing but worry and stress ,i shall take notice of your kind advice as i thought the question were suppose to be about when you claimed for pip at the time , ,obviously they will ask me how i managed to get there as ime agrophobic and suffer severe anxiety and depression so i wouldnt be suprised they will come to the conclusion ,,well she cant be that bad shes managed to get here ,,..,have you decided on wether to ask for a SAR , or are you going to apply again for pip from scratch jo ?
alison,x

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7 years 8 months ago #165817 by enigma75
Replied by enigma75 on topic Lost my PIP appeal, what next?
Would it be worth asking for leave to appeal to the UTT? It could maybe be seen as a breach of natural justice if a tribunal member introduced suspicion of you based on your reasonable actions of paying for a report as per your surgery's rules, and asking the doctor to correct some errors.

Surely it's allowed to explain to your doctors what evidence they need to provide? They're not benefits experts! The DWP are allowed to instruct their HPs, so surely claimants should be allowed to inform their 'expert witnesses' of which evidence is useful/relevant and which is superfluous? That's a very different animal from asking someone to lie for you, and I'm concerned that the two appear to have been conflated here. If claimants are expected to leave their doctors in the dark when asking for supporting evidence, then that surely puts them at an immediate and possibly significant disadvantage, which would be a breach of natural justice?

It's already unfair that there's no right to free legal representation. Surely claimants can't be effectively gagged when gathering supporting evidence too?

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7 years 8 months ago #165863 by alison
Replied by alison on topic Lost my PIP appeal, what next?
hi again,
i cant believe they said you dont look ill , how awfull to say that to someone ,!! you can be ill and still look ok .. mental health for one .does it mean if you go to the tribunal dressed nicely and look presentable that your ok ? ,surely by the evidence you presented them with would show how unwell and how you suffer most days ,, ime in everyday and am always in my pyjamas and dont bother with makeup and fussing with my hair like i did before i became unwell,. this has been a worry of mine in going to the tribunal,as in what to wear ,should i look presentable or should i go as i look everyday apart from wearing pyjamas of course ,.lol., its to bad we have to feel as if where making it all up how we are ,cause that how i feel ime made out to be , you mst be feeling very let down and also upset in the way you were treated this goverment seriously need to sort out the way ill people are being treated and what there being put through in trying to claim benefits they are entitled too ,surely they must see that the amount of people going to a tribunal says enough in itself ,!! waste of goverment money going through all this ,why dont they just treat people fairly from the start instead of havng to go through all this ,
sorry about my rant .
alison,.x.

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