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Pip Appeal - Recordings?
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3 years 5 days ago #268161 by pomaus
Replied by pomaus on topic Pip Appeal - Recordings?
Teresa,
Following on from my last post,
Unfortunately, It is not published yet, so I can not see what I wrote and was worrying that I might have come across wrong and that was not my intention. So wanted to make sure I clarified.
Of course, the abuse that you suffered from was horrific and would have led to terrible mental health difficulties for you, but the point I was trying to make is that to the tribunal, you have to prove that the mental health difficulties that you have exist and the effect that they have in carrying out your day to day activities.
So from the tribunal's perspective, they will be looking for evidence of the difficulties that you face, not for the evidence of why it was caused.
That's why I do not believe these recording would be helpful to you, but I could be wrong.
A statement from your sister detailing what you have been through and how it affects your day to day life now and your ability to carry out the day to day activities for Pip would be most helpful.
Also a supporting statement from your DR could also be most useful, especially in regards to your being restricted on the medication that you are able to now take for your conditions due to your past misuse of medication and alcohol and the effect it has had on your Liver.
Hope this help and good luck with everything
Following on from my last post,
Unfortunately, It is not published yet, so I can not see what I wrote and was worrying that I might have come across wrong and that was not my intention. So wanted to make sure I clarified.
Of course, the abuse that you suffered from was horrific and would have led to terrible mental health difficulties for you, but the point I was trying to make is that to the tribunal, you have to prove that the mental health difficulties that you have exist and the effect that they have in carrying out your day to day activities.
So from the tribunal's perspective, they will be looking for evidence of the difficulties that you face, not for the evidence of why it was caused.
That's why I do not believe these recording would be helpful to you, but I could be wrong.
A statement from your sister detailing what you have been through and how it affects your day to day life now and your ability to carry out the day to day activities for Pip would be most helpful.
Also a supporting statement from your DR could also be most useful, especially in regards to your being restricted on the medication that you are able to now take for your conditions due to your past misuse of medication and alcohol and the effect it has had on your Liver.
Hope this help and good luck with everything
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3 years 5 days ago #268165 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip Appeal - Recordings?
Hi pomaus
Thank you for the reply, the information was very useful. I tried to open the following link you left ; assets.publishing.service.gov.uk/governm...sessment-process.pdf but for some reason it has not opened and the page comes up blank, do you have the full email address?
Gary
Thank you for the reply, the information was very useful. I tried to open the following link you left ; assets.publishing.service.gov.uk/governm...sessment-process.pdf but for some reason it has not opened and the page comes up blank, do you have the full email address?
Gary
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3 years 5 days ago #268166 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip Appeal - Recordings?
Hi pomaus
I have published your previous post, it was very useful although I could not get the second link to work.
Gary
I have published your previous post, it was very useful although I could not get the second link to work.
Gary
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3 years 5 days ago #268170 by pomaus
Replied by pomaus on topic Pip Appeal - Recordings?
assets.publishing.service.gov.uk/governm...sessment-process.pdf
Thats the correct link Gary, can you edit the post for me please
Thats the correct link Gary, can you edit the post for me please
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3 years 5 days ago #268173 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip Appeal - Recordings?
Hi pomaus
I have managed to correct your link, it did take me a couple of tries but now working fine.
Gary
I have managed to correct your link, it did take me a couple of tries but now working fine.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 4 days ago #268199 by Teresa
Replied by Teresa on topic Pip Appeal - Recordings?
Hi Pomaus
I don't know if I'm writing this in the correct place or not! Thanks so much for your reply and links.
My doctor already wrote a letter as did my sister which I submitted at mandatory reconsideration and I've reiterated over and over why I can't take medication. I was awarded 4 points for standard living at first and 4 points for mobility. At the MR, I received 11 points for standard living and mobility remained unchanged at 4 points.
For standard daily living it was a combination of 2 pointers that led to the 11 points and for mobility it was my lupus that led to the 4 points.
The points I am disputing for daily living is their belief/assertion that I only need prompting to engage socially which is so far off the mark when I can't even make a phone call or remember what is said during a conversation because I'm trying so hard to stop my voice from shaking and of course, the dreaded planning and following journeys because of my panic attacks. My sister's letter states that she takes the children to and from school, does my food shopping, I don't go anywhere because my anxiety prevents me from doing it....this is a direct consequence of my ex-husbands abuse which still continues today - he turned up outside our house shouting and swearing last June in front of all the children from my sons high school walking past and my son had to change schools because of it. Also, they know about my liver disease as this brings a whole host of other conditions itself so what I'm saying is, they know all this but I don't have any more proof to give them. I've told them, my doctor has said it, my sisters said it and I've gone into great detail regarding the full-blown panic attacks I've had driving to anywhere unfamiliar and I just don't know what I can give them apart from the 'cause' which can be heard in the recordings.....
They say that because I can attend doctors and hospital appointments and can engage that, although I might find it uncomfortable, it's evidence that I don't suffer from severe psychological distress but I don't have a choice to attend these appointments for my other conditions, it's not a social invitation and it does cause me so much distress that I have to record on my phone what the doctor says or else I don't remember it!
Sorry, I feel like I'm waffling again. I maybe hoped....that they'd hear the recordings, understand their impact and believe me because that's what I really want. I feel like they believe the ultrasounds and biopsy's and even though I've sent them the evidence of all the letters relating to the NHS CBT route and the hypnosis I tried myself....my word, my sisters word or the doctors word are not good enough when it comes to mental health which caused my liver disease and I believe deep down was also the stress trigger for my lupus. I didn't think they would play them in court, I thought they might listen to them prior to the trial. I would hate for them to be played in court, I would feel so ashamed.
The other thing I wondered about in my search for the 'elusive' proof is whether text messages are admissible? I have texts telling my mum that I haven't eaten for days, want to go to sleep forever and to my friends telling her I was so nervous about the drive to her house because of the last panic attack I'd had driving (and then I did suffer a panic attack on the drive to her house when I crashed my car - they have the hospital report from this). I have photos of bruises sent to my friend, are they admissible? Am I opening a whole can of worms and best off just leaving it all where it's at?
Don't feel like you have to reply, I know you've said all you can on the subject, I don't have any proof that the abuse led to psychological trauma that caused this hideous anxiety and therefore if they do want more proof, I don't have it to give.
This whole process has been a 2 year nightmare, I actually laugh (not really) when I read 'it could take up to 12 weeks'...if only!! Anyway, thank you again, I've probably got months and months and months ahead of me to decide whether to send any of them anyway since the hearing probably won't take place till 2025 judging by my past experience!
Thanks you!!!
T
I don't know if I'm writing this in the correct place or not! Thanks so much for your reply and links.
My doctor already wrote a letter as did my sister which I submitted at mandatory reconsideration and I've reiterated over and over why I can't take medication. I was awarded 4 points for standard living at first and 4 points for mobility. At the MR, I received 11 points for standard living and mobility remained unchanged at 4 points.
For standard daily living it was a combination of 2 pointers that led to the 11 points and for mobility it was my lupus that led to the 4 points.
The points I am disputing for daily living is their belief/assertion that I only need prompting to engage socially which is so far off the mark when I can't even make a phone call or remember what is said during a conversation because I'm trying so hard to stop my voice from shaking and of course, the dreaded planning and following journeys because of my panic attacks. My sister's letter states that she takes the children to and from school, does my food shopping, I don't go anywhere because my anxiety prevents me from doing it....this is a direct consequence of my ex-husbands abuse which still continues today - he turned up outside our house shouting and swearing last June in front of all the children from my sons high school walking past and my son had to change schools because of it. Also, they know about my liver disease as this brings a whole host of other conditions itself so what I'm saying is, they know all this but I don't have any more proof to give them. I've told them, my doctor has said it, my sisters said it and I've gone into great detail regarding the full-blown panic attacks I've had driving to anywhere unfamiliar and I just don't know what I can give them apart from the 'cause' which can be heard in the recordings.....
They say that because I can attend doctors and hospital appointments and can engage that, although I might find it uncomfortable, it's evidence that I don't suffer from severe psychological distress but I don't have a choice to attend these appointments for my other conditions, it's not a social invitation and it does cause me so much distress that I have to record on my phone what the doctor says or else I don't remember it!
Sorry, I feel like I'm waffling again. I maybe hoped....that they'd hear the recordings, understand their impact and believe me because that's what I really want. I feel like they believe the ultrasounds and biopsy's and even though I've sent them the evidence of all the letters relating to the NHS CBT route and the hypnosis I tried myself....my word, my sisters word or the doctors word are not good enough when it comes to mental health which caused my liver disease and I believe deep down was also the stress trigger for my lupus. I didn't think they would play them in court, I thought they might listen to them prior to the trial. I would hate for them to be played in court, I would feel so ashamed.
The other thing I wondered about in my search for the 'elusive' proof is whether text messages are admissible? I have texts telling my mum that I haven't eaten for days, want to go to sleep forever and to my friends telling her I was so nervous about the drive to her house because of the last panic attack I'd had driving (and then I did suffer a panic attack on the drive to her house when I crashed my car - they have the hospital report from this). I have photos of bruises sent to my friend, are they admissible? Am I opening a whole can of worms and best off just leaving it all where it's at?
Don't feel like you have to reply, I know you've said all you can on the subject, I don't have any proof that the abuse led to psychological trauma that caused this hideous anxiety and therefore if they do want more proof, I don't have it to give.
This whole process has been a 2 year nightmare, I actually laugh (not really) when I read 'it could take up to 12 weeks'...if only!! Anyway, thank you again, I've probably got months and months and months ahead of me to decide whether to send any of them anyway since the hearing probably won't take place till 2025 judging by my past experience!
Thanks you!!!
T
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