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Falsified PIP medical report - Help needed

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7 years 2 weeks ago - 7 years 2 weeks ago #186708 by Gordon
Replied by Gordon on topic Falsified PIP medical report - Help needed
Lee

We don;t have a copy of the current Bench Book that controls the operation of Tribunals as it is not in the public domain but last one that was states

61A WARNING
1. In certain situations it may be necessary for the tribunal to give a warning to an appellant that he might end up losing an existing entitlement if he proceeds with his appeal, and that he might therefore wish to consider withdrawing.

2. This will arise most often in a disability living allowance appeal where for example the appellant has an award of middle rate care but in their preview the tribunal consider that the evidence only supports lowest rate care or indeed no award of care at all. It could also arise in an IIDB appeal.

3. In these cases the appellant must, in the interests of natural justice, be told at the beginning of the hearing that the tribunal has the power in appropriate cases to remove or reduce an existing award because he may not have appreciated this and may think that his existing award cannot be touched, particularly when he has only appealed against the other disability living allowance component.


In particular paragraph 3 (my emphasis)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 weeks ago by Gordon.

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7 years 2 weeks ago - 7 years 2 weeks ago #186713 by suemccaff
Replied by suemccaff on topic Falsified PIP medical report - Help needed
When you have time please could you consider sending this to John Pring who runs the Disability News Service website as he's been gathering specific instances of assessors making dishonest reports. He has over 100 to date. There will be an email address on the website you can send it to, just copy and paste what you have here. You could remain anonymous if you prefer, its just so important to get as much evidence as possible. There needs to be some sort of penalty for these dishonest assessments. I hope you get things sorted out.
Last edit: 7 years 2 weeks ago by .
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7 years 2 weeks ago #186722 by Violetrose
Replied by Violetrose on topic Falsified PIP medical report - Help needed
Thank for clarifying that, assuming that this applies to the PIP Tribunals as well then Bro58 was correct and I have nothing to lose - if they warn me then I will withdraw my appeal. I hope he's right.
Has anyone on here posted their experiences of Tribunals where they haven't won? Just trying to gather as much information as possible and trying to reduce the amount of stress I'm going though mentally.
Would Welfare Benefits or Welfare Rights have access to the current Bench Book? Just thinking that it would be handy for everyone on here to know for sure ;)
I'm also concerned about the length of the documents the Tribunal will need to read. My initial claim was quite long and detailed, the challenges to the medical report and the descriptors were 50 pages together as we had to dispute everything. I'm concerned that they won't read everything as the DWP have ignored the vast majority of it all. I guess it should be different with it being an independent legal proceeding in that they HAVE to read everything but I've no faith in any system any more.
Can anyone tell me, if I was to lose the Tribunal, how soon could I reapply?

So many questions I know.
I'm hoping that the Tribunal will finally give me the fair assessment that I should have had in the first place.
Thanks for your replies.

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7 years 2 weeks ago - 7 years 2 weeks ago #186733 by

Lee wrote: Thank for clarifying that, assuming that this applies to the PIP Tribunals as well then Bro58 was correct and I have nothing to lose - if they warn me then I will withdraw my appeal. I hope he's right.
Has anyone on here posted their experiences of Tribunals where they haven't won? Just trying to gather as much information as possible and trying to reduce the amount of stress I'm going though mentally.
Would Welfare Benefits or Welfare Rights have access to the current Bench Book? Just thinking that it would be handy for everyone on here to know for sure ;)
I'm also concerned about the length of the documents the Tribunal will need to read. My initial claim was quite long and detailed, the challenges to the medical report and the descriptors were 50 pages together as we had to dispute everything. I'm concerned that they won't read everything as the DWP have ignored the vast majority of it all. I guess it should be different with it being an independent legal proceeding in that they HAVE to read everything but I've no faith in any system any more.
Can anyone tell me, if I was to lose the Tribunal, how soon could I reapply?

So many questions I know.
I'm hoping that the Tribunal will finally give me the fair assessment that I should have had in the first place.
Thanks for your replies.


Hi L,

"Would Welfare Benefits or Welfare Rights have access to the current Bench Book?"


They may do, but I can't say for sure.

How the DWP have reviewed your evidence and how a Tribunal will review it are two different matters.

The Tribunal are totally interdependent, this is why it is possible to obtain a successful Tribunal Appeal outcome using exactly the same evidence that the DWP reviewed in their MR.

Tribunals are very informal, so it's not like a proper court of law as such.

"Can anyone tell me, if I was to lose the Tribunal, how soon could I reapply?"


You could make a fresh claim for PIP straight away, in fact you could make a fresh claim for PIP now.

If you made a fresh claim now, this would mean that any decision made by the Tribunal, (as you could still continue with your appeal) would only run from the date of the original adverse decision appealed until the date of the fresh claim.

Obviously, this could work for or against you dependent of the outcome of your appeal hearing.

We have been advising members regarding the "oral warning" given by Tribunal's for years and we have never heard anything to the contrary from members.

Besides, such scenarios are not common at all.

bro58
Last edit: 7 years 2 weeks ago by .

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7 years 2 weeks ago #186744 by Patricia Moloney
Replied by Patricia Moloney on topic Falsified PIP medical report - Help needed
I would suggest you contact your local MP.


You can contact your MP:
If you feel you have been treated unfairly by a Government office or agency
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7 years 2 weeks ago #187010 by Violetrose
Replied by Violetrose on topic Falsified PIP medical report - Help needed
Sorry not been on for a few days, totally exhausted with all of this and struggling to function at all. I'm so grateful for all your help/advice, it's really appreciated. I submitted my appeal paperwork last week so hopefully it will start to move forward now. You've made me feel much more confident that I'm doing the right thing by going to appeal and that really is appreciated with how the stress and exhaustion is affecting me as I just can't think or reason clearly at all.
I have a Welfare Rights Officer advising me now, I'm going to send her my paperwork and she is going to review it all & tell me if she thinks my case is strong enough and help me though the Tribunal process. She cannot attend the Tribunal with me though due to lowered staffing levels.
I do want to take the complaints as far as I can if I'm able to health wise as I know I am only one person & it may not change anything but I do believe that it certainly won't if no one ever holds them accountable. I have an appointment with my MP at the end of the month to bring this to his attention. Whether he will care or not, I don't know.

I'm nervous about the Tribunal still, and not sure how I will deal with attending it due to the severe depression and anxiety, but all your reassurance has helped a lot. Thanks guys. I will update on any progress as it happens.
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