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PIP Tribunal - Struggling to get evidence

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Chelsea
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2 years 10 months ago #269269 by Chelsea

PIP Tribunal - Struggling to get evidence was created by Chelsea

I'm really panicking tonight.

I have CFS/ME, fibro, joint hypermobility/queried hEDS, and PTSD. I was awarded the lower rate for both components in 2017 and while I thought I was entitled to the higher rate of mobility at the very least, I was so scared that I could lose everything by appealing that I didn't bother. My award was reviewed in March 2021 and I lost everything. It went to MR and they agreed to give me two more points in daily living, but it still wasn't enough for an award.

It originally went to tribunal around September last year but it has been adjourned and postponed 3 or 4 times now. The first because I couldn't stop sobbing long enough to give them my details, and every time since then because I've had so many issues trying to get medical evidence.

I've provided the medical evidence that supported my original claim in 2017, but I have very little since that year because my GP told me there really wasn't anything they could do for me. The only things that have changed since then is various referrals including autism and ADHD assessment, which I've sent them, but nothing substantial as I'm still on waiting lists and will be for the foreseeable.

I moved around twice a year between 2017 and 2021 so have had multiple GPs during this time, and none of them know me well enough to provide any decent evidence. My current GP has written me two letters now but both say nothing more than "Chelsea has x condition. It affects her mobility, mood, and cognitive function." They're refusing to go into any more detail than that and I have no idea what else I can do. I can't keep fighting this forever!

I sent them a letter of my own as evidence pointing out the clear contradictions in the assessor's report and providing further detail on where I believe I should have gotten points/more points. I've sent them every referral letter I've got. I sent them an email today explaining that I need my tribunal location for the end of this month changed because I'm having to move back in with family in a different county because I can't take care of myself and that I had to leave my job because my health did not allow me to do it anymore.

I'm completely at my wits end here. I'm very confident that I should be awarded the higher rate of both components, but I just don't know what to do to actually make the tribunal see that.

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LL26
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2 years 10 months ago #269278 by LL26

Replied by LL26 on topic PIP Tribunal - Struggling to get evidence

Hi Chelsea,
Firstly try not to worry. I realise that it must be very difficult for you to try and get your point across to the tribunal.
Firstly is there someone locally who could support you. Maybe a local advice centre, or maybe a befriending society. Often a local religious leader such as a vicar or rabbi will know a person who could provide assistance, even if you are not a church goer. Otherwise the local library might have more information. Or otherwise a friend or relative could help.
You have already written in for an adjournment. If the adjournment is granted then ask this person to attend to support you. They could be your representative or simply a supporter depending on their knowledge of benefits. They should be able to speak on your behalf, not necessarily to answer all questions, but could certainly help boost your confidence and prompt where necessary.
If the hearing doesn't get adjourned they could turn up on your behalf and explain the situation.
If you can't get medical evidence don't worry. Firstly you could ask for a copy of your GP medical notes which you could send in. Itherwise get a letter from someone who knows you well to write about how you do PIP activities, and the difficulties you have.
Lastly and most importantly the best evidence you can give is from you!
If you feel you can't give evidence in person due to your panic/being distressed at the hearing, write a statement and send that in. Explain what happens to you, how you feel, why you can't cope at home and need to move back to family. Also explain the fact you became upset at previous hearings, explain why if you know.
The tribunal don't actually require medical evidence and can award benefit based on the difficulties you yourself tell them about.
There is an alternative option. You could ask for the hearing to be done as a paper hearing, so no need to turn up and the decision is made on papers comprising the appeal papers and any other letter etc you send in. They might not agree to do this.You could ask the GP fir a letter to confirm you are too unwell to attend if this is the case.
Whilst a paper hearing could be a good solution, hearing and seeing you at a hearing is more likely to encourage the tribunal to appreciate your difficulties and hence you are more likely to win the appeal.
Please try not to worry. I hope you manage to resolve everything.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

The following user(s) said Thank You: Waxwing

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denby
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2 years 10 months ago #269309 by denby

Replied by denby on topic PIP Tribunal - Struggling to get evidence

Hi Chelsea, I just want to add some encouragement. Our daughter has a definite diagnosis of hEDS [That's short for hypermobility type Ehlers-Danlos Syndrome], CFS, fibro, anxiety and depression plus hypothyroid. And 2 parents with Asperger's. So very very similar to you. We did get her Enhanced x 2 but only at Tribunal. I do recommend the keeping-a-diary as evidence, following the examples and template on here in the PIP Guide. I actually did the last one for her as Mum, by keep trying to phone and logging all the no-replies etc. The only thing is the Tribunal are bound legally to go by how you were at date of claim, so you need to convince them of that, whatever you are like now.
I would go for Tribunal in person as seeing you is the best evidence, and with a PTSD diagnosis they have a duty to be gentle with you as a vulnerable claimant I would say.
Very best vibes to you for getting through this successfully,
Denby

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Raph
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2 years 10 months ago #269356 by Raph

Replied by Raph on topic PIP Tribunal - Struggling to get evidence

Hi Chelsea

I feel for you as these experiences are so distressing and overwhelming. I agree with others' comments that it seems like you're doing this all on your own, and you really don't need to. You need and deserve some support through this

Do you have a Social Worker? If not, I'd strongly recommend you contact the Duty SW asap and request a Needs Assessment. They have to do this by law. Then you have documented proof of your needs by a public authority. They also have to offer you independent advocate support to assist your navigation of the Care Plan process - none of this you have to do alone.

My profile doesn't quite match yours, but I do have cPTSD and ADHD (among other things). I'd be happy to share my PIP2 entries with you if you DM me, as some of them may well apply to you too.

I have also been told that the evidence doesn't matter as much as your description of how you conditions affect you day-to-day. The GPs at my practice are nearly all new, so none of them know me, but it seems less important than I - like you - originally thought. (I was awarded PIP Daily Living HR and Mobility SR, and am in process of appealing Mobility level).

Wishing you all the luck...

Raph

Awarded UC-LCWRA, and PIP all via paper-based Assessment. PIP: DL (HR); Mob (SR) – Oct 2021. MR for Mob to be raised to HR: Unsuccessful – Mar 2022 Pending: Appealed unsuccessful MR. Now awaiting Tribunal Hearing date – April 2022

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c.lloyd@btintern
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2 years 10 months ago #269404 by c.lloyd@btintern

Replied by c.lloyd@btintern on topic PIP Tribunal - Struggling to get evidence

Hi Chelsea,
I represented my son at a tribunal in October as he refused to attend. I had little evidence and it was all very old. I won the tibunal and the award was back dated to 2019.
The panel were very nice and all the questions were about my son from his birth to the current date. All based on a description of how he was on a daily basis. Try not to worry and just answer honestly. Carole

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