emphysema, sleep apnea, social anxiety, depression

Andrew_Freeman1

Hi all.

I made my PiP claim way back in Aug 2017 and still waiting for my tribunal.
I had an xray months ago and they missed the emphysema, but recently found it with CT scan. they told me its mild. I have a hernia from coughing so much, which causes me problems bending, my body hurts from coughing. I have real bad anxiety and depression to. I cough going up the stairs.

I did the spiro test and passed it! I was coughing and hurting whilst doing it. As soon as I do anything, like going up the stairs, I cough violently, cant breath.
I am on high dose of inhalers with steroids in them as well as pills for this, along with my pills for depression. I have had to surrender my driving licence
My assessment report ( they came to my home) was  joke. It was said I was observed going upstairs! I was not. I go for walks in the countryside! Little bits missing from what I said, that change the whole out come.

I also have sleep apnoea and the Cpap machine is not working out for me, so always tired. 
I managed to eventually get a letter from  repository recently saying that I cant work. Will this be accepted as evidence due to my claim being in 2017 and me only getting this letter recently? i never went for diagnosis and treatment until April 2017, due to mental state.
My mental health nurse gave me a good letter stating my mental health conditions, the the HP seems to have trumped my mental health nurse!
What are they like in these tribunals? I aint looking forward to going. I found the experience very unfair.

wilko

The tribunal hearing will only be looking at the evidence that was given at your PIP acessment any new supporting evidence will not be looked at as the tribunal is making a decision on the information and evidence that was used at your original PIP acessment.

Andrew_Freeman1

Thanks for the response @wilko.
I had no evidence then as I was not diagnosed, except the mental health letter.
So even if this evidence backs up what I claimed in the first place it still will not be looked at! Just don't seem fair does it. It would be evidence of the information I gave at the time of assessment.
Also why did the tribunal tell me to send in this new evidence I wonder?
It just seems like a set up to me. I understand they have to vet for those that abuse, but all this seems just to far.  

wilko

Serendipities in the evidence, copies of just in case thing get lost mislaid ect, but any thing may help judges may be helpful. 

poppy123456

wilko said:

The tribunal hearing will only be looking at the evidence that was given at your PIP acessment any new supporting evidence will not be looked at as the tribunal is making a decision on the information and evidence that was used at your original PIP acessment.

This is not correct, sorry. The Tribunal will only take into consideration what a person was like when the decision was made. They will look at new evidence if it shows how your condition was at the time the decision was made. HMCTS can sometimes request medical records from your GP because they can't make a decision based on the evidence they've been sent. If what you say is correct then they wouldn't be requesting any evidence.

Yadnad

One of the reasons for asking for medical records is because the claimant has put into evidence a letter from the GP. The records will show how that letter came about - did the claimant tell the GP what the issues were and the GP then reiterate it a the letter - call it an audit trail.
Also they may well be suspecting that the claimant has ' cherry picked' evidence from their medical records/reports.

Andrew_Freeman1

I have been told that no one has contacted any of my health people.
My mental health nurse just wrote a 5 page report. I ask the respiratory nurse ages ago for a letter to support my claim, but they could not as had not diagnosed me yet. Surly these would not be considered as cherry picking.
I have hardly ever gone to the doctors in my life. My depression and anxiety will be on my record, has been for years..that's about it! Until this last 2 years as my conditions have got worse. Maybe a bad flu. 

poppy123456

They very rarely contact anyone for any evidence. A lot of medical professionals will refuse to write a letter of support for a benefits claim. PIP isn't about a diagnosis, so not being able to write you a letter because of this is wrong.

Andrew_Freeman1

Yes poppy it is wrong.
My Resp nurse wrote a simple one saying I have been seeing them for some time and he cannot work. High doses of meds and likely diagnosis is Asthma. They are all nice people helping me, but maybe its just me? getting answers is hard work sometimes. I am trying to find out if i have asthma and emphysema I been told I might have, they don't know yet. The meds have little affect, I still cough violently. I recorded myself on my phone and sent it to the tribunal along with my evidence  

Yadnad

I have, amongst many other issues, been diagnosed with asthma and pulmonary fibrosis. The effects of these are in the main shortage of breath after even walking up the stairs at home. The assessor dismissed the stated impact that it has on my life saying that 'I was breathing normally during the assessment' and that the spiro test 'was intentionally fudged' by me when the three results showed figures in the low 50's which means moderate to severely abnormal.  

poppy123456

Andrew_Freeman1 said:

Yes poppy it is wrong.
My Resp nurse wrote a simple one saying I have been seeing them for some time and he cannot work. High doses of meds and likely diagnosis is Asthma. They are all nice people helping me, but maybe its just me? getting answers is hard work sometimes. I am trying to find out if i have asthma and emphysema I been told I might have, they don't know yet. The meds have little affect, I still cough violently. I recorded myself on my phone and sent it to the tribunal along with my evidence  

PIP isn't about not being able to work, people claim PIP and work.

Please be aware that if you record an assessment without permission, if you're caught doing this then the assessment could be stopped, your file returned to DWP and you will possibly be refused that benefit.

Andrew_Freeman1

I meant I just randomly recorded my coughing fits over the last couple of months and sent that in as evidence of how bad it is.
These recording rules! whats the big issue with being recorded in such circumstances?