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Help with going or not going to Tribunal please

DanielleOnWheelsDanielleOnWheels Member Posts: 3 Listener
edited July 2018 in PIP, DLA and AA
Just recieved my mantatory reconsideration notice and it has several, cant find a nicer way of saying, lies. It also states that what I am saying and the medical info they have do not match. Which again is false, if theyve looked into my conditions.
I have Hypermobile Ehlers Danlos Syndome, Postural Orthostatic Tachycardia Syndrome, Sciatica and Post Traumatic Stress Disorder. My physical conditions mean that standing is very painful and difficult, I get very dizzy, my joints dislocate, I am in extreme pain. And the same goes for walking, I walk around my house (few meters at most) and from my home to my car (which is in a desinated space less than 20 meters away) But other than that I use my wheelchair. Many people with my conditions do.
Like I said i have PTSD and I also have really bad anxiety. So the Tribunal scares me no end.
But they have said lies such as 'You used your stick to stand' I dont and never have had a stick. And 'There was no reported dizziness' when I asked for a glass of water because I was dizzy. And ' You do not see a specialist due to your mental health' I have been seeing a senior therapist for CBT for months.
They say that I should be able to walk 20 to 50 meters (which I wish so badly I could do) as I dont have muscle wastage and my muscles have good size and tone. My condition effects my joints, so my muscles could be like a body builder but they wouldnt stop dislocations and pain occuring. So I have standard mobility dispite being unable to walk 20 meters or more. Although I was awarded higher rate back in 2014, they reduced it after having my daughter in 2016, and I asked for another assessment which happened in feburary 2018.
They say I didnt get my wheelchair through wheelchair services. Which is true, because I could afford one at the time and didnt want to have to make the NHS fund it when it could fund someone who really needed it. But that somehow means I dont need the chair?
I suppose I am at a loss as to what to do.
If I go to tribunal are they going to believe these lies dispite my truth. I hate admitting how hard my life is. I try to be a super positive person. But I am not in a good place. It's not even about the money, its if i dont go to tribunal I am saying that their lies are true and that I am not struggling like I say I am (which I actually am)
Can I print information from websites to take with me that say my conditions mean I need to use a wheelchair? Should I make an appointment with my specialist and ask for his help? (although I dont want to burden the NHS)
I wouldnt normally post like this. I just don't know where else to turn.
Thanks for reading. I appreciate the help.

Replies

  • Gwendoline1Gwendoline1 Member Posts: 226 Pioneering
    Hiya DanielleOnWheels, I have very little knowledge to offer but felt I needed to reply since you seemed so stressed. I use a wheelchair most of the time ( only when I'm at home I shuffle using a stick ) my physio was brilliant and any equipment I needed she was more than willing to give me, I choose to buy my own wheelchair because our car isn't very big so needed a smaller style of chair, now if the nhs one was okay I would have used it. When I had my assessment I explained all this and my assessor explained this in my report ( I'd like to point out I haven't had the dm report as yet ). It's not about burdening the nhs if you need it ,have it and then if you can then afford one later down the line take it back to the nhs. I had a walking stick, but when it became difficult for me to use because my arthritis in my hands became worse I was changed to a different shaped handled one, then gave my other back. I totally understand your feelings regarding burdening the nhs and I most certainly would never ever want to do that but also what I have found for myself is that if my life is made easier for my physical disabilities then I am in a better place. Hope this helps and good luck 😀
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    71% of appeals succeed.  Disability Rights UK site has a good guide to appeals.  Try to get some f2f help from CAB or similar.

    As long as you think your current award is safe from reduction then it's worth appealing.
  • mikehughescqmikehughescq Member Posts: 5,929 Disability Gamechanger
    Take the focus off “lies”. It’s not a helpful approach. You can prove factual inaccuracies. You can’t prove lies. What you can and must do is focus on which points you score and why; whether you have the anecdotal evidence to back that up etc. Discrediting the HCP report means it’s given less weight but what then matters is the weight of your own evidence. 
  • DanielleOnWheelsDanielleOnWheels Member Posts: 3 Listener
    Thank you all. Very helpful in various ways. We're planning to see the CAB and thanks for the advise about it being less about discrediting and more about my health.
    Really appreciate you all for replying
  • mikehughescqmikehughescq Member Posts: 5,929 Disability Gamechanger
    Read other threads where I have commented on the value of anecdotal evidence over medical.
  • WaylayWaylay Member Posts: 922 Pioneering
    You can include a couple of examples of serious factual inaccuracies, and proof that they're inaccurate, I order to discredit the assessor's report, but don't dwell on it overmuch.
  • LynneRLynneR Member Posts: 13 Connected
    In my experience the Tribunal would not take the lies told about my husband into consideration because the assessor was not present to defend herself. That went against him. I was his representative and they treated me appallingly. I think it's because I had done a lot of studying and I knew what to ask. After the first time they asked me to speak I wasn't allowed to again. The Tribunal was a hugely expensive farce.  
  • mikehughescqmikehughescq Member Posts: 5,929 Disability Gamechanger
    More likely the tribunal were focused on which points could be awarded. Calling a HCP a liar is a mugs game. If you can prove factual inaccuracies that’s fine but you’ll not be able to show that they deliberately lied so it goes against you for trying. It also shows a lack of focus on whether enough points are scored. Okay so you can get the HCP report given less weight. Then what? You need to be detailing good supporting evidence or it was all for nought. 

    Few tribunals treat reps appallingly. Generally they will silence a person if they’re in there as a witness rather than a representative or if they think you’re doing the case more harm than good or if they think it’s u clear when you’re being a witness and when you’re being a rep. You can be both but it’s a hard trick to pull off and some judges won’t entertain it at all. 

    I presyme you asked for a statement of reasons and a record of proceedings in order to look at errors of law?
  • DanielleOnWheelsDanielleOnWheels Member Posts: 3 Listener
    Thanks for the advice everyone. Seems proving my points scored works better than pointing out their falsehoods.
    I will have to state that I do see someone for my mental health though, dispite them saying I don't. My therapist will write me a letter for this. Is that likely to be enough?
    I presyme you asked for a statement of reasons and a record of proceedings in order to look at errors of law?
    is this question to me or to LynneR?

    thanks for your help everyone.
  • mikehughescqmikehughescq Member Posts: 5,929 Disability Gamechanger
    Thanks for the advice everyone. Seems proving my points scored works better than pointing out their falsehoods.
    I will have to state that I do see someone for my mental health though, dispite them saying I don't. My therapist will write me a letter for this. Is that likely to be enough?
    I presyme you asked for a statement of reasons and a record of proceedings in order to look at errors of law?
    is this question to me or to LynneR?

    thanks for your help everyone.
    To @LynneR.
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