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Appeal lodged and accepted
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6 years 9 months ago #193599 by mobbba
Appeal lodged and accepted was created by mobbba
Hello Gordon
My appeal has been lodged and accepted.
This is a million dollar question for you.
I have seen the main man at Rheumatology today.
Philip Conaghan Professor of Musculoskeletal Medicine. The top man at Arthritis UK.
He tells me my joints are very weak and I have a lot of muscle wastage.,together with massive swelling and really struggling to move about. Inflamed foot and ankle. These things were all visible and present on my assessment
I was failed in my assessment based on. No muscle wastage, Solid healthy joints in arms, hands and legs, from driving 5 miles a week. This term was used against me on most of the descriptors, No swellings. (which there were, she just never looked)
When I send this information , which will come in letter form to my GP, is there a chance that possibly the DWP will look at this prior to appeal and possibly make another decision on my claim?
My appeal has been lodged and accepted.
This is a million dollar question for you.
I have seen the main man at Rheumatology today.
Philip Conaghan Professor of Musculoskeletal Medicine. The top man at Arthritis UK.
He tells me my joints are very weak and I have a lot of muscle wastage.,together with massive swelling and really struggling to move about. Inflamed foot and ankle. These things were all visible and present on my assessment
I was failed in my assessment based on. No muscle wastage, Solid healthy joints in arms, hands and legs, from driving 5 miles a week. This term was used against me on most of the descriptors, No swellings. (which there were, she just never looked)
When I send this information , which will come in letter form to my GP, is there a chance that possibly the DWP will look at this prior to appeal and possibly make another decision on my claim?
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6 years 9 months ago #193614 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal lodged and accepted
mobbba
The important thing will be for any new report to make it clear that it's contents apply to the date of the assessment.
The DWP have to look at any new evidence that you send, but don't get your hopes up, revisions in advance of your appeal hearing are quite rare, although they do happen.
Gordon
The important thing will be for any new report to make it clear that it's contents apply to the date of the assessment.
The DWP have to look at any new evidence that you send, but don't get your hopes up, revisions in advance of your appeal hearing are quite rare, although they do happen.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 9 months ago #193651 by mobbba
Replied by mobbba on topic Appeal lodged and accepted
Thanks Gordon....Yes all the points yesterday were all there at the time of my assessment. If you remember she did not have the typed sheets that were applicable to my descriptors. She said she had a blank PIP form with nothing on.
No...not getting my hopes up. Its such a shame the system is so corrupt, and the reason so many disabled people are going through hell trying to get what they are entitled to.
The Lady at CAB who is helping me with my submission states that on a point of law the nurse who assessed me was not capable of making any judgements on my mobility issues as she is a registered Mental Health nurse. Silly woman is on facebook too stating all her jobs which have all been in Mental Health.
I asked her on my assessment if we could talk about my Mental Health issues and she replied ' We don't need to go there' That was a nice statement to make.
No...not getting my hopes up. Its such a shame the system is so corrupt, and the reason so many disabled people are going through hell trying to get what they are entitled to.
The Lady at CAB who is helping me with my submission states that on a point of law the nurse who assessed me was not capable of making any judgements on my mobility issues as she is a registered Mental Health nurse. Silly woman is on facebook too stating all her jobs which have all been in Mental Health.
I asked her on my assessment if we could talk about my Mental Health issues and she replied ' We don't need to go there' That was a nice statement to make.
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6 years 9 months ago #193667 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal lodged and accepted
mobbba
I'm afraid I don't know what your CAB advisor is talking about, I'm not aware of any law or case law that says that an assessor with a mental health background is unable to offer a valid opinion on a claimants physical problems. They are trained to do this and have to meet standards set by the DWP.
Where there is case law, it's for ESA but might still have applicability for PIP, it actually says exactly the opposite, that no assumption can be made on the capability of the assessor to produce an acceptable report.
You need to show by specific example, that the report is inaccurate because of the assessors lack of knowledge of physical issues.
Gordon
I'm afraid I don't know what your CAB advisor is talking about, I'm not aware of any law or case law that says that an assessor with a mental health background is unable to offer a valid opinion on a claimants physical problems. They are trained to do this and have to meet standards set by the DWP.
Where there is case law, it's for ESA but might still have applicability for PIP, it actually says exactly the opposite, that no assumption can be made on the capability of the assessor to produce an acceptable report.
You need to show by specific example, that the report is inaccurate because of the assessors lack of knowledge of physical issues.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 9 months ago #193693 by mobbba
Replied by mobbba on topic Appeal lodged and accepted
Thank you. It is still corrupt.
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