Telephone Appeal

Hi Gary

I don't know what it is. I was told before the hearing and sent by email last week, the medical evidence that I sent in December was being sent to the Judge. But there was nothing for the dates mentioned by the Judge. In fact, I don't think there is anything relevent in my medical evidence for those dates. I can certainly go through all the stuff the GP sent me but I'm pretty sure there isn't because I have not had any hospital appointments or treatment during that time.

My condition has not and will not change and there is no need to attend hospital or have any further treatments.

I think looking back over the HP assessment that this is what they are getting at because she stated as the main reason repeatedly not to offer me any points was that I was not under any specialist care and takes no no treatment or medication for my diagnosed condition.

She also stated I had no input or treatment for another condition following surgery 9 years ago.

I did explain to her that I had been discharged from the hospital and there was nothing more they could do.

She also stated I had no diagnosis for a back condition.

I sent in the relevent medical letters from hospital consultants when I was first diagnosed and the treatments I was having.

My main condition which was diagnosed 20 years ago is Crohn's and there is no cure and the medication did not make any difference. There is nothing the hospital can do for me, I have had operations and procedures, also went on 2 drug trials but did not make any difference.

I got cancer which was cured 10 years ago and I told to stop taking the medication by the consultant but the treatments left me with side effects which effect me doing day to day tasks.

I did give the HP a history list from my GP which she seemly did not give to the DWP.

I have subsequently sent the hospital letters and diagnosis to the Tribunal but it seems it does not make any difference.

What are they looking for? I thought this was about what you are not able to do because of your disability not what you were or weren't diagnosed with.

Any ideas gladly welcome.

Hi Gary

I am posting this again as I'm not sure it got through but it has please delete this one.

I received a letter from the HMCTS today giving the reasons for the adjournment of the hearing last week.

Basically, it said:

The appeal was adjourned today because there was insufficient information before the Tribunal to make a fair and just decision without the further medical evidence and information from the DWP.

Directions:

(i) To DWP: The DWP to supply to HMCTS within 28 days a copy of the 2003 decision in respect of DLA plus any subsequent DLA decision and evidence in support. Also any work capability assessments that have been undertaken.

(ii) To (me): The Tribunal considers that it may be helpful in deciding your appeal if they had copies of your GP notes including letters from Consultants, Hospital and other health care professionals who are treating you. You are entitled to make a request for these fro your GP free ion charge under the General Data Protection Regulations(GDPR). You do not have to do so.
If you are willing to provide copies of your GP notes the tribunal would like to see the notes only for the period from 01/01/2018 to date. You can show this Directions notice to your GP to explain what the Tribunal has decided.

Goes on to say send them to HMCTS within 28 days quoting reference number. And if any problems to contact HMCTS before 28 days.

The problem I have is that I have been on DLA high rate care and high rate mobility continually from 1999 which was awarded by a tribunal indefinitely. At no time, did the DWP ask me for a review. I have never had any work capability assessments, indeed, I don't think they were around then.

It was not until the DWP "invited" me in 2019 to apply for PIP and then turned me down that my DLA was stopped on 25/02/2020 after a decision of 24/01/2020. I did the MR and got turned down again on 02/05/2020. Appealed on 20/07/2020

I have supplied medical evidence unfortunately, the Tribunal service failed to administer it to the
bundles in time for the hearings.

I cannot supply any medical evidence from 01/01/2018 showing hospital appointments or treatments as I have not been having any. The doctors cannot do anything more for me.
But I still have the conditions which are not going to get any better and still have problems doing day to day activities which I have written down matching the descriptors accordingly. I really don't know what they want.

Should I call the HMCTS and point out that they may have got the wrong paperwork?

Any advice appreciated.

I have at last received a copy of the documents the judge asked the DWP to supply to the tribunal regarding my DLA in 2003. I did have to email the tribunal for them as the DWP had not sent them to me.

It is a lot of forms that I filled back in 2003 for, I suppose, a DLA review which I had completely forgotten about and another long form filled in by my GP and a letter from her confirming my conditions and supporting my DLA.

I don't know how the judge knew about the DLA review in 2003 as I certainly didn't mention it as I had forgotten all about it. But it looks good because my DLA was renewed (high rate care and high rate mobility)

I've also sent in some GP notes the judge requested from 2018. There's not much but it shows I was attending the GP sugery and they were monitoring me. Every little bit helps I hope.

When I rang HMCTS to ask them how long it will take to list and when the hearing might be they said that once they have all the evidence collated and distributed, it be a couple of weeks.

I will give them a call in a week's time. Keep you posted.