Can you ask for evidence you have submitted to DWP for the tribunal to be removed?

Autistic_Superpower

Hi all

Bit of a long-winded question I know, I have submitted several years of medical records to PiP for my tribunal.

I know someone who is well trained who has done PIP forms in the past (he left because he hated how he was targeted on budgets and it didn’t matter if people were sick or not), and he has told me 3 areas they will try and target to take points off me after checking out my records.

1) I struggle mightily with long covid which I get a lot of my points for, and at my worst, the majority of the time I can’t walk more than 50 metres (which is what I’m marked down for). However on one breathing test (on a good day) I managed 88 metres before I could do no more.

I know it should be a simple matter of saying this was me on a very good day, and I can get this backed up by my long covid team / doctors, but I’d rather not have to do this at all if need be.

2) I had a safeguarding call with a mental health crisis team where I had actually (trigger warning, sorry) attempted suicide. However at the time nobody knew and the person on the end of the call taking the details was actually a family friend (who I’d also previously been the manager of in my last job) - As you can imagine I had NO desire to tell her everything so lied and said it was a minor struggle, though other events before and after this paint a different picture.

Because I said during the call ‘I can & am looking after myself’ I’m concerned they’ll say I’m fine, even though several other details in the call don’t add up like how I had been awake for 27 hours yet had no problems?! I could get that appealed but again, that would also be extra hassle.

3) I had a breathing test at the end of 2023 to further determine how to fix my long covid breathing problems, which I hadn’t heard back from them from, despite me following up.

I am autistic, and if anyone else Autistic reads this they’ll know they usually wait a while and just accept this is getting done and takes time. After calling the doctors and the hospital they are both blaming each other for not having the results - One for sending it but it getting lost, the other for it not being done at all.

Unfortunately I can’t turn around and say this to the tribunal, that my doctors and local hospital have lost my results and are sniping at each other while I’m waiting to get it redone again!

Ideally I could get this one removed as well, just to take away the stress. Is this possible, or should I just get the answers prepared on the off-chance that it’s needed?

Obviously I’m concerned if I ask to start pulling lots of evidence the DWP may start asking why and if I’m hiding something, which I’m not, so I wouldn’t want to make things worse.

At the same time I really suffer with the issues I’m claiming PiP for, and don’t want the fact that small minor things which aren’t correct or up to date on my medical record could affect this.

poppy123456

What are you wanting to get removed exactly please? If it's evidence that's already been sent then you can't remove that now.

Several years of medical evidence sounds like an awful lot to me. Before you sent that did you have a look through to check it? Sending multiple pieces of evidence all saying the same thing isn't helpful. Less is often more when sending evidence. I would only personally send evidence that's relevant to the descriptors and how my conditions affect me.

Autistic_Superpower

https://forum.scope.org.uk/discussion/comment/959118#Comment_959118

The forms were the safeguarding one from the medical practitioner from several years ago (which was incorrect at the time, I just never appealed it as my mental health at that point was so poor I was just attempting to keep myself alive.

The safeguarding form to my doctor on my medical file may look ok, but on my work one (which I no longer unfortunately work for) ‘they’ had conversations with their private health team about my suicidal thoughts.

See I thought I was helping by sending all the details of everything in as I have nothing to hide, and I believed the more evidence to get a bigger picture of my illnesses the better.

This is what was suggested to me previously, but I see now that’s not the case and I’ve been given incorrect or poor advice.

As someone who is autistic I didn’t see why it would be a problem as I do suffer really badly with my Austism and my long covid.

I guess maybe there’s no point going ahead now, but this is why I’ve felt I need an advocacy service on my behalf like Fightback because Citizens Advice in my area are so poor and the rest of my advice services are non-existent.

poppy123456

I see from a previous thread that you have an award of standard daily living and Enhanced mobility and the MR decision didn't change that, is that correct?

At Tribunal stage if they consider removing points they will warn you before doing this. They will either send you a letter before the hearing date with a warning or they will give the warning on the day of the hearing. If this happens the hearing will be adjourned so you can then go away and consider your options. You can either continue at your own risk or cancel the Tribunal completely. You will then continue with the award you currently have.

Please also bear in mind that PIP isn't about a diagnosis. Whether it's possible to score extra points needed for Enhanced daily living will depend on how your conditions affect you. Have you looked where you scored those points and at the descriptors to see if it's possible to score those extra points you need?

I can't advise whether it's worth continuing because I don't know how those conditions affect you.

This link may help you to understand the descriptors a little more. It's a lot of reading but it's worth taking sometime to read through it and hopefully it will help you know whether more points are possible or not.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Autistic_Superpower

Hi Poppy, yes that’s correct I have an award of standard daily living and enhanced mobility, the MR decision was the same decision.

I have looked at the descriptors (but it’s great for you to link them again, I really do appreciate you taking this time to help me thank you) and I got no points for

eating & drinking

As someone who’s autistic

taking nutrition

communicating

reading

making budgeting decisions

I need assistance constantly and really struggle in all these areas daily - I could put down what I wrote to the DWP, but I don’t want to be inappropriate and put a wall of text here - I’m sure I’d bore you too!

Rereading the link you put again I feel I hit the descriptors in at least 4 of those categories easily, and I’m really upset as it seems so obvious.