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2 years 3 months ago #274054 by Caz1
Evidence was created by Caz1
Hi,
I have a date for my tribunal regarding my PIP claim, I have said before that I have been getting PIP since 2016, I was standard rate for mobility and daily leaving, I provided x ray results and medication at that time
In 2021 I phoned them to tell them my mobility has got worse, I filled the form in that they sent me, they decided I could still get standard mobility, but stopped my daily living, i went through mandatory reconsideration which was dismissed
I have now got a date for my tribunal the 17th November, I wrote to the tribunal to tell them why I thought the DWP were wrong I also sent them my occupational Health reports from work
I have just received a reply from the tribunal that the DWP sent them
They have said that
"Whilst we accept that Miss **** may have a combination of symptoms, there is no new evidence that relates to how these symptoms would effect the daily living and mobility activities, we have reviewed this and all points raised were were covered in the appeal, therefore this evidence has no effect on the appeal submission, their position remains unchanged

I don't know how I am supposed to get new evidence when it is degenerative changes in my back and knees and wrists, I am not sure what I am supposed to do, I am 1 point from getting the daily living award, which I have always had 10 points for since 2016

I would of thought that it would be light touch now, I am 63 and every month that goes by I, get worse with both my mobility and daily living

I have put down and explained how things affect me now and used examples from here

I don't know what else I can do, do the DWP use this tact to scare people from going any further
with the tribunal, I wont ever cancel my hearing, as things are worse and are affecting my life, quiet drastically as well, what else can I do, can someone help please, I have 6 weeks to my tribunal date, could anyone help and advise what I should do, I am so stressed and upset with it all, and I am really struggling without the daily living award, it is used to go towards a cleaner and my car, thanks for your help with this

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2 years 3 months ago #274067 by Gary
Replied by Gary on topic Evidence
Hi Caz1

What you have received is standard blurb from the DWP, you should have received a bundle of documents from the Tribunal Service, I usually find that the main document the Tribunal uses is the PA4, go through that document carefully highlighting any errors, can you tie the errors in with any supporting documents.

Make a bullet point list of things you want you say in regards to errors in the report.

Gary

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

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2 years 3 months ago #274075 by Caz1
Replied by Caz1 on topic Evidence
Hi Gary, thanks for your reply I have already sent to the tribunal my response to the DWP
I am really not sure what new evidence I can send
My X-rays in 2015 all say that it is degenerative changes in my back and where the changes were, they also said I had no cartilage in both knee’s and both showed severe osteoarthritis
I am on lots of pain medication and have new medication for cardiovascular disease and statins
I don’t know what new evidence I can send them, it’s a progressive disease that gets worse as time goes by, this is 7 years ago and it gets worse as time moves on
The DWP are saying there is no new evidence so shouldn’t they have not taken my award that I have had since 2016 from me, especially when I only phoned to tell them it was my mobility that had got worse, this was last year when I made the call
I’m at a loss as to what to do next, this really does make me confused and anxious caz1

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2 years 3 months ago #274078 by Gary
Replied by Gary on topic Evidence
Hi Caz1

You do not have to do anything, you may have already stated that your condition has not improved when you completed the original application, DWP has to show that your condition has improved.

The tribunal look on the evidence of what you provide, they also look at the PA4/3 which is why we advise claimnts to get a copy before you apply for a MR.

There is nothing more you can do until the date of your tribunal apart from making notes of anything that is incorrect within the PA4.

Gary

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

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2 years 3 months ago #274085 by Caz1
Replied by Caz1 on topic Evidence
Thanks Gary, I spoke with my GP today and explained the situation, I asked if maybe up to date X-rays would count as new evidence

She told me no because they would just be like the X-rays I had in 2015 showing degenerative changes

She said it was good to go face to face so they could see what my mobility was like

She said that the DWP had not been in touch with them because they usually send a form in for my GP to reply and the haven’t had anything

So I was just going to send a conclusion letter to the tribunal and then wait for the hearing and hope for the best
Thanks again Gary

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