PIP, DLA and AA
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Anyone ever asked a physio for a full copy of there physio notes? Any advice?

davyjaz101davyjaz101 Member Posts: 4 Listener
edited January 2019 in PIP, DLA and AA
Hi my pip appeal was adjourned so I could get a copy of my latest physio report and sort out an advisor 

I got a copy of my physio report but it does not go into any detail at all - just a quick summary that I was given an AFO 

I was hoping much of the examination given by the physio would help disprove what the capita assessor said I could do but evidence isn’t there

Anyone ever asked a physio for a full copy of there physio notes? Any advice? Ask my doctor if I can get a copy of all the physio notes maybe? 

Trying to to prove the capita asset or was lying is not easy if the medical evidence is just brief summaries of longer examinations - annoying!

Replies

  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    This is totally the wrong focus. A tribunal adjourned for physio notes has generally not done so because they think they’re pivotal. I can’t imagine why they would be. If they accept you have a physio then your condition isn’t in dispute. You can describe what the physio does so I don’t see why they’d need physio evidence to understand the extent of functhonal impairment. Most likely the tribunal were running very late or the judge was aware you had no chance of persuading either the medical professional or disability qualified member. As your case was adjourned then the new panel has to be completely different and my guess us they won’t even bother with the physio report. 

    Of more immediate concern is your desire to prove the HCP a liar. There are three problems with this.

    1 - you can’t prove them a liar. You can only show factual inaccuracies.
    2 - if you went into your hearing focused on disproving the HCP report then you may well have antagonised the medical prifessiomal on the panel. 
    3 - proving a HCP report inaccurate means a tribunal may give it less weight as evidence but that won’t win your appeal. Only the weight of your evidence can do that.
  • davyjaz101davyjaz101 Member Posts: 4 Listener
    edited January 2019
    Thanks some good points I have not considered- indeed too focused on trying to point out capita assessment was not correct - did seem to get on the wrong foot with the doctor on the panel - especially about my self purchased stick (mentioned in other post here by me)

    They have recommended that the case be rescheduled with the same panel - but you stay in law I have to have a new one, would defo prefer a new panel so hope this is the case :) 
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    edited January 2019
    If a tribunal starts; hears evidence and then adjourns there are only two choices: a completely different panel or the same three. They may reserve it to themselves but generally the chances of getting the same three together are slim and regardless of what they wrote an allocations clerk may seek advice and just list it in front of a new three who are of course entitied to take a completely different approach.
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