Pip upper tribunal

Richteachouxsnack
Richteachouxsnack Online Community Member Posts: 37 Listener
in PIP, DLA, and AA
Has anyone appealed pip successfully at an upper tribunal? 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    We’ve had very few threads regarding this. You will need to get some expert advice from an agency near you. 
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    Can anyone help me please So just wanted some advice I had sent off my appeal for tribunal given a date but doctor rang me yesterday said the dwp rang him like a month ago and requested my medical records while we’re waiting for the tribunal at end of the month my question is . Is this a normal thing and why wouldn’t they have done this before mandatory reconsideration if anyone could help pleaseee
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    joey1990000 said:
    Can anyone help me please So just wanted some advice I had sent off my appeal for tribunal given a date but doctor rang me yesterday said the dwp rang him like a month ago and requested my medical records while we’re waiting for the tribunal at end of the month my question is . Is this a normal thing and why wouldn’t they have done this before mandatory reconsideration if anyone could help pleaseee
    Note- this is being discussed in separate thread created by joey. 
    As said in that thread, we can only guess.
  • onebigvoice
    onebigvoice Scope Member Posts: 859 Pioneering
    You are quite correct, when applying to the Tribunal you would have had to already had a M R.  As it states in the charter that you must have exhausted all avenues first to allow the benefit in question to rectify any errors or to explain to you how they arrived at this decision, before the Tribunal.
      The reason they rang their doctor is 2 fold.  1.  If the information you sent and the information sent from the assessment company do not show supporting evidence like Medical history, prescription lists, or operations and their results, to name some, the list is longer, but the Decision Maker should have done this and if the information required clarity you would then have had an assessment.
      This again as you might know can be paper based if he feels he has enough information to make a decision BASED ON THAT, or a telephone assessment, or Zoom call to discuss the claim, or even a home assessment if the information supplied warrants that. 
      2.  New rules covering the assessment process came out in April and re visited again in September 2022, and before I explain that, these rules have always been in place under the 2018 and previously in 2014 Social Security Act, but used by them and never enforced by us. 
      The  "new rules" link: DWP Medical (factual) Reports: A guide to completion December 2022.
     This in the document, (1. Introduction) must be read in its entirety as it states what is required by Health professionals and the Assessment Providers and also talks about other Benefits including what forms to fill out.

    1 Introduction

    This guidance is for all healthcare professionals who complete medical (factual) reports for the Department for Work and Pensions (DWP) or one of their Assessment Providers. It gives advice on how patients can be supported through the sharing of information.

      This is now what the Decision Maker is asking your doctor to fill out.

    Please be aware that confusion (on a regular basis) is caused by Capita-PIP's and Capita are TWO DIFFERENT COMPANY'S  one is an assessment company and the other is an assessment provider,(DWP) that will ask the claimant for information and if unable to get clarity or is outside their remit will ask Capita for an assessment sending them ALL THE INFORMATION THEY REQUIRE FOR CLARITY in order to make an informed decision.  Generally they don't have a medical background. (Decision Makers)

      In now having to fill out this form with every claim for benefits, the Decision Maker has to show this factual report from the GP or Professional which is signed, shows their name as it appears on the Medical register and their I D number also in order to be paid for the report.  They must also separate what is their opinion, (hence the title) and state this in another section, and sign that report.  Failure to comply DWP and Secretary of State can and will fine, suspend the person involved and may also lead to prosecution.

      My advice to you is ask the Decision Maker to provide to you (and in your case) the Tribunal what evidence you have used to assess you, (this will come from a bundle that should have already been sent to the Tribunal) if not ring the tribunal, and check that paperwork, if it does not contain any of these references, which it sounds like it does not, when in court ask for that report under those rules and ask if the Assessor had been paid for the report used by the DWP to assess you.

      There are other ways to prepare for a Tribunal which I have stated before but as a start ask the decision maker if he applied to people who treat you before to get this factual medical report and if the assessor writer had been paid for that report and where is your copy of the report?

      
  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    onebigvoice said:

      The reason they rang their doctor is 2 fold.  1.  If the information you sent and the information sent from the assessment company do not show supporting evidence like Medical history, prescription lists, or operations and their results, to name some, the list is longer, but the Decision Maker should have done this and if the information required clarity you would then have had an assessment.


    They very rarely contact anyone for anything. An assessment? At Tribunal stage you don't have another assessment.
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    This is what I’m saying they had all the information that I sent them before mandatory reconsideration we started tribunal appeal in June now we have a tribunal date for end month dwp have gone back to my doctor to get more medical records while we’re waiting for the tribunal 
  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    joey1990000 said:
    This is what I’m saying they had all the information that I sent them before mandatory reconsideration we started tribunal appeal in June now we have a tribunal date for end month dwp have gone back to my doctor to get more medical records while we’re waiting for the tribunal 

    Yes but that was in October. DWP didn't make an offer of an award so your hearing will most likely still continue.
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    Yes I know that but is it normal to get medical records 4/5 months after mandatory reconsideration a couple months before tribunal is this normal I’m asking this group ain’t very informing 
  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    joey1990000 said:
    Yes I know that but is it normal to get medical records 4/5 months after mandatory reconsideration a couple months before tribunal is this normal I’m asking this group ain’t very informing 

    They can sometimes be requested by either DWP or HMCTS. You were given advice on your 3 other threads. No one here can tell you why they requested them.
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    So why people even here advising people if they don’t know what they talking about ?????
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    Given advice told me the same stuff I already knew lol 
  • Lou67
    Lou67 Online Community Member Posts: 8,669 Championing
    People have been really trying to advice you over your threads, but no one could definitely know why DWP requested your medical notes months ago, so would be wrong to just make something up.

    Your been disrespectful to the people giving you good advice.
  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    joey1990000 said:
    So why people even here advising people if they don’t know what they talking about ?????

    I have plently of knowledge of the benefits system, thank you. How is it even possible for anyone here to tell you the reason why they requested your medical records? We don't know anything about your case or how your conditions affect you. The question you're asking is impossible to answer.
  • calcotti
    calcotti Online Community Member Posts: 10,005 Championing
    edited February 2023
    joey1990000 said:
    Yes I know that but is it normal to get medical records 4/5 months after mandatory reconsideration a couple months before tribunal is this normal I’m asking this group ain’t very informing 
    No it’s not normal, therefore we can’t inform you. 
  • joey1990000
    joey1990000 Online Community Member Posts: 37 Listener
    I’m just saying if people on here giving out advise how can u say u don’t know I’m not being disrespectful you said people tried to give support on my thread they gave me same advice I already knew 
  • onebigvoice
    onebigvoice Scope Member Posts: 859 Pioneering
    poppy123456 said:
    onebigvoice said:

      The reason they rang their doctor is 2 fold.  1.  If the information you sent and the information sent from the assessment company do not show supporting evidence like Medical history, prescription lists, or operations and their results, to name some, the list is longer, but the Decision Maker should have done this and if the information required clarity you would then have had an assessment.


    They very rarely contact anyone for anything. An assessment? At Tribunal stage you don't have another assessment.
    Exactly, since how would he have had a tribunal Date if the information was not already available to make the original decision.  Its to late for DWP to ask your doctor for information? or clarity?  Jusat before the Tribunal?
      
  • onebigvoice
    onebigvoice Scope Member Posts: 859 Pioneering
    joey1990000 said:
    Given advice told me the same stuff I already knew lol 
      I cannot understand the point of the thread if you knew this information?  
    If so, why did the DWP ask for your doctors report a MONTH BEFORE your Tribunal date?
    This would have been picked up by the Tribunal long ago, JUNE, can only assume last year as some I have had go back further, and last JUNE we were in a pandemic and you would have had a ZOOM or paper based Tribunal as I had with others, which by the way, depending on where you are is still ongoing in Cardiff as I have had 2 since January (not my claim)  
  • poppy123456
    poppy123456 Online Community Member Posts: 62,453 Championing
    joey1990000 said:
    I’m just saying if people on here giving out advise how can u say u don’t know 
    We don’t have a crystal ball to know the reasons why your medical records were requested. It’s ridiculous to assume anyone here can answer that question.
     
    If you want this question answered then you can get expert advice from an agency near you by taking your bundle with you so they can look through to have some information about your case. From there they maybe able to answer your question.
     https://advicelocal.uk/welfare-benefits

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