Medical evidence

Hello,

Following a mandatory reconsideration which resulted in fewer points than I believe is correct, I appealed to a tribunal. A telephone hearing has been listed.

In my original claim, I provided the details of my GP and consultant. I also provided a diagnosis letter and print-off of my medical record from the GP’s patient system. This medical record does not go into detail. It provides the titles of diagnoses and their date, without further details, and all medications currently prescribed.

I had a face to face health assessment for my original PIP claim. The health assessor (HA) had a copy of the medical documentation I had supplied to DWP. Neither the HA nor the DWP asked, at any time, for further evidence or to say they wanted to contact my consultant.

I was concerned that, due to the disabilities causing difficulties with PIP activities which are not obvious (they are primarily neurological), that, without other evidence, a tribunal would effectively have to take my word of the problems I have described in my claim. Is this a fair assumption by me? I therefore emailed my consultant (indirectly as I am being seen as an NHS patient) and asked if they could write a letter which would confirm some aspects of the claim I have made. The consultant’s administrator replied, saying that the consultant has not received a PIP form but that they would be happy to complete it if they are sent one and asked to complete it.

I don’t know if there is a standard form for doctors to complete when a patient makes a PIP claim but I would assume that the DWP or HMCTS would have sent such a form to my consultant if they wanted the consultant to confirm any aspect of my claim. Given that neither DWP nor HMCTS has made contact with any of my doctors, or asked me to get them to provide written evidence, then is it fair for me to assume that the DWP and HMCTS do not consider such a letter to be of particular importance in my case, and it would be unlikely to change the outcome of the hearing? I would be surprised if they are not bothered about having a letter or completed form from either my GP or my consultant but this is the only logical conclusion to make.

I will have an appointment with my consultant a few weeks before the tribunal. Is there a form I can ask my consultant to complete or does such a form have to be sent directly to the doctor from DWP or HMCTS? It would seem that although the consultant is willing to complete this form, they are not enthusiastic about writing a letter just because I have asked them to, presumably because they deal with patients all of the time who are claiming PIP, and so know that when DWP / HMCTS want information, they will ask for it.

Thank you, Bertie.

Bertie, I am in a similar position. I just lost my PIP after four years. I have submitted a MR request but have no faith in the system so will be preparing for Tribunal. I sent in all the medical info I had together with X rays, MacMillan treatment records, Bio-Mechanical expert report,daily living diary entries and statements from people who help me. Made no difference. The only hope I have is that my Assessor was a Stage three mentored assessor who had me attempt exercises which I unwittingly tried and hurt myself doing so. I was alone and unsupported. I could so easily have fallen off my chair and done some serious damage. Anyway , good luck with your Tribunal.

I appreciate Gordon's clarification that a tribunal is not investigative but will simply consider the evidence that is presented to them. The investigation should already have been done by the DWP so is the DWP / Assessment Provider who should request information directly from a claimant's consultant, if this is appropriate and would shed light on an ambiguous claim. I did actually say to the HA that they were welcome to obtain information directly from my consultant, but they told me it was unnecessary, so I didn't give it further thought. With hindsight, I should have asked my consultant to write a letter before I even had the assessment. But perhaps the consultant would not have agreed as it seems that they are only inclined to provide written confirmation if they are asked to directly by the DWP. I just naively assumed that the medical evidence I produced, plus the face to face assessment, would be adequate for the DWP to come to the right conclusion. It is only now that I am going through the process that I realize that the process is not professional and it appears that the DWP does not look to make an impartial, professional judgement, asking for further evidence where necessary, to ensure that it comes to the right decision, Instead it seems to adopt the position of always underscoring activities unless they are presented with an indisputable case. It isn’t right, and it is exhausting.

Thank you for the wish of good luck for the tribunal.