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PIP Tribunal

positivitygoing1positivitygoing1 Member Posts: 41 Courageous
edited March 2017 in PIP, DLA and AA
Hi 
After receiving 0 points at my pip assessments and my MR staying the same I put in for a tribunal paper hearing , they have received the info and sent me what the DWP had said (basically it looked like the dwp had copied and pasted what they put on my MR decision ,

The tribunal then wrote to me about 6 weeks ago asking for permission to look at my medical records which I gave and sent back the same day , 

Why do you think it could be taking so long , and by them asking for my permission to my medical records do you think that looks like I might not win ,

I was trying to show how my assessor was lying she said I was fine so I sent in a letter from my ESA WRA who was kind enough to put how I was at appointments as in a panic state , the assessor also said I drove alone (I NEVER drive anywhere alone it's always with my carer and only to appointments)  Etc 

So I put things that proved she was wrong as in my carer ringing up to say we would be late because I was stressed out as it was a place I had never been to before "planning a journey" I have to have my carer shout out "turn left turn right etc" , 
I won't bore you with the rest I sent in some of my medical forms as I had requested them from my GP so I can't understand why the tribunal want permission to them ? 

Sorry to ask questions I'm just so confused by everything my assessment was on 4th September last year and it's not middle March and nothing is sorted out ,
I'll be so happy when this is all done and Im praying I'll win because I'll be able to attend appointments I live in the middle of nowhere 

Amy help I'll appreciate so much and thanks in advance 

Replies

  • wildlifewildlife Member Posts: 1,314 Pioneering
    Hi, It takes so long because there's so many people being turned down and having to go to Tribunal. But 65% are over ruled so try and stay strong. I would see it as a good thing that the Tribunal want your medical records. They need them to make the right decision on your claim. Good luck!
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hello positivitygoing1

    Firstly, there may be a delay in your appeal case as from what you have posted the tribunal have requested copies of your medical records.  It will take time to make this request, time for the GP to respond and then time for papers be sent to the tribunal members. 

    You will know when the tribunal service has sent the papers out to the tribunal members as you will receive a copy of your medical records at the same time.  When this evidence is received then it maybe that your case is ready to list for a hearing. However, I am sorry to state, that there is currently a delay in listing appeals in some arrears of the country due to the high number of appeals.  If you are in one of these papers then there may be a further delay in getting a decision made on your case.

    You could make your local MP aware of the delays in your case.  As even if this does not change the length of time you have to wait, it may be good for an MP to know the lengthy delays in getting a case decided, and also know about discrepancies in medical assessment reports.

    You mentioned that you sent some of your medical records/forms to the tribunal.  It may be that the tribunal want to see all of your records for a past period to help them make an informed decision on your appeal case.

    A tribunal requesting copies of medical notes DOES NOT mean that you are more likely to lose your appeal case. It just shows that the tribunal want to make a fair decision and they must believe that requesting your notes will enable them to make this fair and informed decision.

    You also mentioned that you have requested a paper hearing, is this correct?  I ask as when comparing the success rate of a paper hearing against appeals where a person attends, the chances of success are much higher when a claimant attends the hearing.  You can request that your appeal be changed to an oral hearing that is an appeal that you attend.

    If it is a paper hearing this may also be why a tribunal have requested your medical notes, that is, as they cannot ask you any questions about your condition they may rely on your medical notes to answer any queries.   

    As you are aware PIP is points based system with (generally) a person having to score at least 8 points to claim PIP.  The points come from a list of descriptors, such as how far you can walk.  It is therefore important to establish which descriptors you would score points on.  Scope has a section explaining PIP, and the link is below:

     http://www.scope.org.uk/support/disabled-people/benefits/personal-independence-payment-pip

    Good luck, and please post back with any further queries.

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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