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PIP AND TRIBUNIAL

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4 years 6 months ago #252709 by andy985
PIP AND TRIBUNIAL was created by andy985
Statements hp made that i can prove are wrong, do i spend all my time on these or do i point out the others as well.
1 she states current medication and treatment. C.O.P.D ventolin inhailer once a day
I was not on any inhaler and never said i was or wrote i was.
2 she states current medication and treatment . Pain naproxen250mgsx2 gabapentin 900mgs Diabetes metformin 500mgs .Copd ventolin hailer...she states NO OTHER PRESCRIBED MEDICATIONS but She forgot zomorph morphine 10mgsx2, paracetemol500mgs ,atorvastin40mg, ramipril2.5mg,amitriptyline 10mgs ,coracten60mg, furosemide20mgs. All of these i had wrote on pip questionaire .
3 He has no carers, My wife has been my carer ever since i became ill .
4 Current specialist input-none, never seen a specialist, Over the years i have seen about 10 specialists, in different disciplines pain,breathing, mental health, me/cfs, sleep apnoea,physio
Diabetes...Denies any other diagnosed conditions, I cant remember her asking this as i have a bent spine, high blood pressure,high cholesterol, ibs ,eczema.
5 , She states ,Sleep apnoea with copd causing shortness of breath 2018 he says that his copd is stable with his medications and is fine. I never said this and was not on any medication for it. I did not make that statement either as the doctor i saw about the pain and difficulty in walking and swelling in my calves, feet and ankles where due to my heart not pumping properly on one side, and i was put on medication for it. So why would i state my copd is stable with his medications and is fine, when she has said SLEEP APNEA WITH COPD CAUSING SHORTNESS OF BREATH (sorry for capitals)
6, She states NO BLUE BADGE i do have a blue badge and had one for years.
7, Theres no evidence to suggest dvla have been informed of such. I was told many years ago by a doctor or specialist to inform dvla that i had M.E. .
8 She states you can drive on majority of days, and drive any distances and uses the car 4days a week. From home sleep study report- Sleep apnoea service clinic date 12/04/19 drives a car short distances each week, this was taking from talks and discusions with sleep clinic personnel, and is in my medical notes. Also i had the car from mobility in june and when returned in january only had 900 miles on clock.
9, She states that he has toast for breakfast. Also from my medical notes extracts from diabetec nurse practitioner during talks about my diabetes and trying to lose some weight and eating a healthier diet “Does not eat breakfast” has biscuits with tablets in the morning.
So why would i tell a proper health professional that are trying to help me one thing and a so called hp something completely different.? There are about another 20 or so statements she has made that are false , that i cannot prove . This site was recommended to me in jan/feb this year, but as i am useless on computers i paid my money but could not get anywhere, only more frustrated and angry, so i got my money back and went with a mickeymouse so called lawyer who takes 35% of any backpay. I sent him my bundle and 300 pages of medical history, and so far done nothing i tried emails/ phonecalls no reply. So i am back to square 1 but no bundle or my medical records.. I phoned tribunial and told them he no longer represents me and asked what he had sent to them. Nothing they replied. I have telephoned pip and asked could they please send me another bundle as i explained to them about mickey mouse (not real name) Today just received letter from tribunal saying they want my papers as dwp has not sent them anything?? Letter dated15/10/2020 14 days to reply…what should i do next any advice please.

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4 years 6 months ago #252724 by Gordon
Replied by Gordon on topic PIP AND TRIBUNIAL
Andy

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

OK, dealing with the papers first.

The normal process once you request an appeal is that the DWP are notified and they should then send their submission for the appeal to you and the Tribunal Service within one month of the request being made.

It appears from this post that the DWP has failed to do this and the Tribunal Service has decided to proceed with the appeal and is now asking for you to send your submission, the letter they have sent you suggests that they are trying to list the hearing (book a slot) which is why a 14 day deadline has been given.

As a general comment about the assessor's comments, your primary goal is to show that you meet the PIP criteria for an award. I know it is tempting to concentrate on the report but if you do not deal with the PIP Descriptors no amount of debunking the report will get you an award.

Also, have a look at the following

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge


Answering your specific points, briefly, sorry if there are a lot of repeats I assure you I have read each comment.

1. How does this affect your completing the PIP activities?

2. How does this affect your completing the PIP activities?

3. How does this affect your completing the PIP activities?

4. How does this affect your completing the PIP activities?

5. How does this affect your completing the PIP activities?

6. The criteria for a blue badge is closed to the old DLA criteria than PIP, having a BB does not mean that you will score sufficiently for a PIP Mobility award, so it can help but is insufficient on its own.

7. Your ability to drive or not is not considered for PIP Mobility, however, your driving can be used to imply other things, see below.

8. This suggests that you can undertake a journey and at the very least you can follow the route of a familiar journey.

9. How does this affect your completing the PIP activities?

Have a look at our PIP section, there are guides for making an appeal and a template submission that you can use.

www.benefitsandwork.co.uk/help-for-claimants/pip

If you have more questions then please return to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: andy985

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4 years 6 months ago #252735 by andy985
Replied by andy985 on topic PIP AND TRIBUNIAL
hi gordon, many thanks for your advice, as i dont have all the papers dwp sent me is it, or would it be ok if i write my responses down in the subjects as they appear daily living preparing food, eating & drinking, managing your treatments etc, as i can see now where i have been going wrong. cheers andy

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4 years 6 months ago #252739 by BIS
Replied by BIS on topic PIP AND TRIBUNIAL
Hi Andy985

Yes, it will be fine to lay it out as you suggest - one question at a time.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: andy985

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4 years 5 months ago #252810 by andy985
Replied by andy985 on topic PIP AND TRIBUNIAL
hi bis, sorry i havent replied earlier but i am having trouble navigating this site, did you mean that it is ok to challenge them that the h.p had made things up and to go that way. or to go through each item that i cannot prove. cheers andy

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4 years 5 months ago #252811 by Gordon
Replied by Gordon on topic PIP AND TRIBUNIAL
Andy

Have you looked at my reply?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: andy985

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