PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

PIP Paper Appeal Adjourned - Don't really understand letter?

Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
edited April 2019 in PIP, DLA and AA
Hi all, calling on @poppy123456 specifically as she helped in the past.

A while ago I said I would be doing a paper appeal (which was advised against doing), because I'd have trouble attending tribunal due to my anxiety. I sent away my paper appeal a few weeks ago and today I heard back after a 45 minute hearing.

Here's a summary of what the letter says. I am assuming this is a good thing (is it a good thing?), as I have not been outright denied so they must think I have a case based off how I described my problems. But I don't really understand it still? What does this mean exactly? When is the new tribunal? It's a bit confusing for me and doesn't give much detail away in a clear manner. Is the next tribunal in 6 weeks?

"
A tribunal heard your appeal, I enclosed the decision notice.

The tribunal has decided to adjourn the hearing. The decision notice explains why the tribunal were unable to decide the appeal. It may also include instructions to ensure the next tribunal can reach a decision. If you need to contact me, please quote your NI Number at top of letter."


"Adjournment notice

1. The appeal was adjourned today for an oral hearing, with a time estimate of 45 minutes, on the first available date after compliance with the direction set out below or in default after 6 weeks.
2. Members of this tribunal are not excluded from future involvement in the appeal
3. The decision was adjourned today because the tribunal considers that there is insufficient evidence on which to reach a just decision.

Directions:
(i) The appellant is encouraged to attend the next hearing in person.
(ii) The appellant is encouraged to seek represnation
(iii) The appellant is also encouraged to seek recovery from his GP of his medical records covering the last two years."


What does this mean? Do I have to follow all 3 directions, or would just 1 be enough? How am I meant to get the information off my Dr when I asked her before for it she said "There's no need to give you it because they will ask me for it and it'll be the same thing" (They didn't ask her for it)

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited April 2019
    Hi,

    Basically, what they asking is for you to appear in person because they can't making a decision without you appearing is very difficult, which is why they adjourned it this time. This can happen when they don't have enough evidence to make a decision with a paper hearing and this is why they will always prefer you to appear in person.

    They are also encouraging you to find a representative, which of course you don't have to do because it's not always possible to find someone.

    They are also asking for you to send in your medical records from the last 2 years.

    I wouldn't say they are asking you to do all 3, more so advising you. As for the request to appear in person then if you can then i certainly would, otherwise your chance of a decision in your favour are only about 8%. Even more so now because they are asking you to appear in person.

    I'm sure others will advise too.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wilkowilko Member Posts: 2,284 Disability Gamechanger
    Hello and welcome, the directions being asked are for you to do, get all three items mentioned. Make sure you attend., get representation for the hearing and the last two years worth of medical records from your GP. May I sujest you make copies of any information you send or give the DWP so that your representative at the hearing is able to view and prepare your best case to the tribunal hearing and hopefully you will get the results you are seeking. 
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    Hi,

    Basically, what they asking is for you to appear in person because they can't making a decision without you appearing is very difficult, which is why they adjourned it this time. This can happen when they don't have enough evidence to make a decision with a paper hearing and this is why they will always prefer you to appear in person.

    They are also encouraging you to find a representative, which of course you don't have to do because it's not always possible to find someone.

    They are also asking for you to send in your medical records from the last 2 years.

    I wouldn't say they are asking you to do all 3, more so advising you. As for the request to appear in person then if you can then i certainly would, otherwise your chance of a decision in your favour are only about 8%. Even more so now because they are asking you to appear in person.

    I'm sure others will advise too.
    Honestly I pretty much gave up and was very much expecting to be flat out denied - for it to be adjourned they must think there is a possible case for my entitlement here? Or is this sort of standard procedure?

    What would my medical records prove though? I've had a copy to take to hospital with me, all it says is no allergies, non smoker, severe social anxiety of child hood and some other problems but nothing really indepth of how it effects me (which my GP knows too). It doesn't really go into depth with my problems. Or are they looking for a more indepth, full record of everything thats happened in the past 2 years - which I'm not sure would be very helpful either, as I seen the Psychiatrist and CPN 3 years ago which would explain all my problems.

    Last time (MR) I was denied because I'm not on medication, not under specialists. Medication knocks me loopy except Diazepam which my Dr refuses to give (due to addition factors probably, not really sure why. Only time I've been given it was when I was in hospital). Specialists I've been under psychiatrists who suspected autism, I failed that and he offered me antidepressants which as I said knocked me stupid so I stopped taking them. She hahs tried to send me to therapy but I thought it would be too hard to go to, however more recently when I was in seeing her, she actually told me Therapy isn't ideal for me because that's a short term thing (6 weeks) and I need something more longterm for my problems and is sending me to something that lasts 6 months instead but I'm not entirely sure what that is in all honesty, I just went along with it.

    Do you think the fact it's been adjourned helps my case due to the fact I've not outright been denied it which I assume would be the case if they thought I had no chance? What happens if I don't do any of the advised options and it goes to a paper appeal again (I'm assuming), I'm guessing the chances of the same result would be high?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Adjourning isn't good or bad. They are saying they can't make a decision based on paper alone, which is why they are asking for you to appear in person. This can happen if they can't make a decision on paper alone. A Tribunal will always prefer you to appear in person.
    Do you have anyone that can attend with you?

    They're asking for all your medical records for the past 2 years.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    Adjourning isn't good or bad. They are saying they can't make a decision based on paper alone, which is why they are asking for you to appear in person. This can happen if they can't make a decision on paper alone. A Tribunal will always prefer you to appear in person.
    Do you have anyone that can attend with you?

    They're asking for all your medical records for the past 2 years.
    Nope not really. Not reliably anyways lol

    Won't say much in past 2 years as I spent half of that in pain with gallstones and pancreatitis. The other half I was on antidepressants and had a few panic attacks in my Dr Surgery but not sure if that will be in it as I don't know how much they actually write? But a lot of it wouldn't be related to my mental health. 3 years would be more appropriate, do you think I should just ask for 3 years as that will be going back to the CPN/Psychiatrist and the whole autism nonsense will be in it aswell?

    Even though they only asked for 2 years I think going back 3 years would be more appropriate. Or going back to when I was 12/13 when all my problems kicked off but that's probably a bit too much.

    What if my Dr doesn't give me it? She will probably just say 'They can contact me for it' again, which as we both know, they won't.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Your GP can't refuse you access to your medical records.

    The Tribunal have asked for the past 2 years, if they wanted more they would have asked for it.

    I really do think it's in your best interest to appear in person, if you don't then you could lose the Tribunal.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    Your GP can't refuse you access to your medical records.

    The Tribunal have asked for the past 2 years, if they wanted more they would have asked for it.

    I really do think it's in your best interest to appear in person, if you don't then you could lose the Tribunal.
    Will ask for it then, gonna ask for 3 years anyways, as that will help my case more, even if they don't want it, it will at least be there if they want to read it or not. Can't hurt my case and will only help - a lot of my PIP MR examples was focused on this timeframe also anyways.

    Don't they say they don't take evidence into consideration if it's from after your claim date? So wouldn't the 2 years be from claim date anyways (making it nearly 3 years)?

    Will see what I can do.. When is the next tribunal? It doesn't exactly give me any information about this. How am I meant to even respond to it? Send a letter to the tribunal address? It doesn't give me a form or envelope or anything to actually respond with. It only says to include my NI number if I have to contact them but doesn't give me a way to actually contact them.

    It also says the tribunal was held in a completely different city to where I live, roughly an hour and a half away by train - I hope this isn't the same court I would have to go to when there's one in my own CIty?

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Attending in person will always give you the best opportunity to explain your case. As a poor alternative, if you really are unable to attend, the tribunal may consider a telephone hearing
    Be all you can be, make  every day count. Namaste
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    Attending in person will always give you the best opportunity to explain your case. As a poor alternative, if you really are unable to attend, the tribunal may consider a telephone hearing
    I have communication problems so I wouldn't be able to explain my case anyways, I actually explain it better in text. I'm not very good at explaining myself, hence why my answers are "dunno" at my assessments.. Vast majority of time they have to be open and closed shut questions as I struggle to answer in depth... Never been a problem for ESA but for PIP that seems to have been a mistake.

    Well, it was a problem for ESA once.. This resulted in me panicking and locking myself in another office for 30 minutes (only because I couldn't escape as it was all keypadded doors), before going back into the room and not opening my mouth for the remainer of the assessment. That was in 2017 and I think I've been kept on for the full 3 years again.

    Can't speak on phone due to the above aswell.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The Tribunal will only take into consideration what you were like at the time the decision was made. They won't take into consideration a worsening of condition. This doesn't mean they won't accept evidence after this date.

    Are you able to speak to an advice centre near you?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    The Tribunal will only take into consideration what you were like at the time the decision was made. They won't take into consideration a worsening of condition. This doesn't mean they won't accept evidence after this date.

    Are you able to speak to an advice centre near you?
    Will see what I can do about advice centre and these medical records on Monday maybe. There is one pretty close by but it's finding someone to go with me that would be the problem.

    That 6 month thing my Dr is sending me to is something to do with reducing isolation, building confidence, working towards living independently and getting someone involved to help me get out a bit more, but I don't know how long the waiting lists are for that - or if they would even attend tribunal with me.. Don't even know if I would be able to do this as I will end up panicking and it will put me off the idea completely but I'll see what happens when the time comes.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    Adjourning isn't good or bad. They are saying they can't make a decision based on paper alone, which is why they are asking for you to appear in person. This can happen if they can't make a decision on paper alone. A Tribunal will always prefer you to appear in person.
    Do you have anyone that can attend with you?

    They're asking for all your medical records for the past 2 years.
    Just an update. Mum flat out refused to go with me to tribunal, so me personally attending is completely out the window.

    So I don't really have anyone else that can go with me at all.

    Is it still worth going to citizens advice or a waste of time? Because I won't go to tribunal myself and don't really have anyone else that can come with me. Can get someone to come with citizens advice but not the tribunal. At this point the only reason I'd be going to CAB would be to get someone to show up and speak for me, without me being there, because there's no chance I'll be going myself.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    If I want my medical records I don't ask my GP. It is not their job to supply medical records only to add to them when you visit. Every surgery has an admin dept. accessed through the receptionist. Everyone has the right to have copies on request. You may have to pay a small admin charge. The question of whether you go to the tribunal or not. Ask yourself do you want PIP or are you not really bothered? If you really want/need the benefit go to CAB to ask if they can help find someone to go with you. Even if you don't speak your chances of winning will be so much higher than if you don't go. No-one going on your behalf on their own will know you as well as you know yourself. I feel the same as you about any face to face interview but sometimes you just have to do things you don't want/feel able to do to get the end result that will make it all worthwhile.     
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    CAB no longer represent at any Tribunal because they don't have the funding anymore.

    If you did manage to get representation from another advice agency then they would not appear on your behalf, you would still  have to appear in person and you will still have to answer all the questions yourself because the Tribunal will want to hear from you how your conditions affect you. Which is why they have asked you to appear in person.

    You can try asking for a telephone hearing but i don't know if they would agree to this.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    CAB no longer represent at any Tribunal because they don't have the funding anymore.

    If you did manage to get representation from another advice agency then they would not appear on your behalf, you would still  have to appear in person and you will still have to answer all the questions yourself because the Tribunal will want to hear from you how your conditions affect you. Which is why they have asked you to appear in person.

    You can try asking for a telephone hearing but i don't know if they would agree to this.
    So that's a waste of time then. 

    As I have mentioned I have major communication problems, they wouldn't hear from me.how my problems effect me because of this as I struggle with communicating. Also why I can't use the phone so a phone tribunal is out the window too. The best way I can explain how my problems effect me is written words , hence the paper appeal. Attending in person sounds like it would probably hurt my.chances as I can't explain myself properly verbally.  As I have said when I go to these assessments most of my answers are "dunno" because I struggle to put into words that can come out my.mouth. Whereas if I am typing I can explain it better.

    Guess I will just have to get my medical records and do another paper .Appeal .


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When you send the medical evidence i'd advise adding a letter saying you can't appear in person and why. It may not go in your favour as they've asked you to appear in person because they can't make a decision based on paper. Do come back and let us know the outcome. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    Sorry for the wrong advice and thank-you @poppy123456 for correcting me. @Pipquestions2 My son has a similar problem with communication. I am his appointee and used to attend all appointments with him but can no longer do this. However I am still his appointee as my own problems do not prevent me from doing his paperwork. I wrote a short note to the assessor to give his Dad permission to go with him to his PIP face to face. Once there my son hardly had to speak and was able to let his Dad speak for him. Maybe this would help in the future. Do you have a member of your family or a good friend who you trust who could become your appointee? You could still fill in the forms between you if you're able as you say you are but it would relieve the pressure on you. I can't see it going against you if you went and couldn't answer the questions as the tribunal would then see your problems for themselves. More written evidence particularly about your communication problems would help a lot if you aren't going. 
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited April 2019
    wildlife said:
    Sorry for the wrong advice and thank-you @poppy123456 for correcting me. @Pipquestions2 My son has a similar problem with communication. I am his appointee and used to attend all appointments with him but can no longer do this. However I am still his appointee as my own problems do not prevent me from doing his paperwork. I wrote a short note to the assessor to give his Dad permission to go with him to his PIP face to face. Once there my son hardly had to speak and was able to let his Dad speak for him. Maybe this would help in the future. Do you have a member of your family or a good friend who you trust who could become your appointee? You could still fill in the forms between you if you're able as you say you are but it would relieve the pressure on you. I can't see it going against you if you went and couldn't answer the questions as the tribunal would then see your problems for themselves. More written evidence particularly about your communication problems would help a lot if you aren't going. 
    Nope I don't have anyone that can go with me. I have 4 people close to me, 2 are unreliable, 1 can't go due to being in care of a baby in recent times and the other has flat out refused to go, normally she would be the one to go to appointments with me however she's recently developed a serious mental health issue and it's [removed by moderator] me for appointments and such.

    The unreliable people could come with me if it's short notice and I'm able to dictate the time and dates, to work around them, but for something unpredictable like this they're not ideal

    I have a more serious court case coming up(caused by my actions of being alone in hospital) and they even refuse to go with me to that,  and basically told me to enjoy being In the cells. When I expressed suicidal (not seriously, I think, just kinda came out) they basically told me to do it, my family is complicated to understand, my existence is a problem to them sometimes 🙄. So I don't even know what I'm doing with that as I won't be able to attend court for that either and I'm pure stressed out about it and feel like I'm losing the plot. Any tips on how to get out of attending court btw? Would a letter from my doctor be any good?  😭😭😭

    When you send the medical evidence i'd advise adding a letter saying you can't appear in person and why. It may not go in your favour as they've asked you to appear in person because they can't make a decision based on paper. Do come back and let us know the outcome. Good luck.

    Will do this.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry you have no one to support you through all of this. Usually the Tribunal do give you notice of a hearing date of a couple of weeks at least, so maybe that's an option to you?

    Please be mindful of your language on the forum. Some people do get offended by such language.

    As for the court case then i really don't know if a letter from your GP will help but you really do need to get that sorted ASAP. Someone else may see this and give you advice on what you could do about that.

    You seem to be going through an awful lot with very little, if any support from anyone. Is your GP supportive? Have you thought about having a needs assessment from your local council?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    If your medical records support you in that you have difficulty in communicating verbally, then the tribunal should take this into account. They will have read your records beforehand and not expect much from you but they will be able to see for themselves the impact that your condition has on you and that is important. It really is in your best interest to attend even if you are hardly able to speak and breakdown. Most tribunals are sympathetic but by nature they are also inquisitorial as their duty is to find the truth. It can happen that having read your records a decision can be made with little input from yourself but it will be in your interest to comply as best you can with their requests
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Some context is required for this adjournment.

    1 - many tribunals adjourn headings simply cos the judge knows 1 or more of the members won’t give the appellant a fair hearing. Adjourning for medical records is the most common way of getting you before another panel. Medical records can help in some cases but often they’re just asked for as a means of getting the heck out.

    Paper hearings are usually wedged in during a session when oral hearings have been pulled; postponed or adjourned. They take next to no time, which is why your chances of success are down to about 5 to 8% on a paper hearing. 

    In your case the panel did not adjourn cos of panel prejudice. They’ve not heard any evidence so all 3 could still appear on the next panel. They appear to have adjourned simply because you didn’t give them any evidence to look at of any value.

    2 - the introduction of GDPR means your GP must give you your medical records for nothing. Unlike one assertion above there cannot be an administrative charge. Many/most GPs do not understand this. However, HMCTS have issued a plainly wrong piece of guidance suggesting that tribunals cannot now ask a GP to provide records directly as they used to until recently. Great discussion on the whole sorry mess at https://www.rightsnet.org.uk/forums/viewthread/14329/.

    3 - the directions in your case are very loose. “Encouraged” rather than “must”. Getting representation increases your chances of success on a winnable case to 65% or more. Check out https://advicelocal.uk/ for some options and this thread for what other people can do as reps https://community.scope.org.uk/discussion/56379/representation-and-tribunal-hearings#latest.

    Equally whilst you’re being encouraged to appear in person you do not have to and will not be penalised if you don’t. However, you can clearly communicate your issues in writing so why not do a full written submission 

    - explaining in detail your issues with attending - communication and practical support (assuming for a moment you don’t find a rep)
    - detailing all the activities where you ought to score points and a couple of examples of things which have happened when you did those activities for each activity. The stuff you mentioned in your earlier posts just needs building on with more examples and full detail and you’re more than halfway to building a case. Reading your posts I’ve no doubt you’re capable of putting a sub together.

    4 - once you’ve done the above there may be no need for medical records at all but as GDPR says the whole thing must be done free of charge then why not request the lot and review them yourself? 


  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Pipquestions2 Another apology needed. I paid a small admin charge in 2017 but will not do that again. Hope you get some help soon, you are clearly struggling. Keep posting and the good people on here will support you through this bad time you're having.   
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited May 2019

    Sorry for late response, didn't really have much to say and had a bad few weeks. Heart rate was at 180 and I was in an absolute state, ended up on 40mg Propranolol 3x a day which is yet another useless tablet that does absolutely nothing for me except make me tired and lowers my heart rate but doesn't help for anxiety / panic. My heart rate sits at about 70 now, I don't think it's ever been this low LOL... Kinda worries me at times even though I know it's normal, I'm used to it being 100+.

    I have heard back from PIP. My appeal hearing is in 3 weeks, the letter mentions that if I don't attend it will be done without me as a paper hearing again. I'm surprised it's so soon, that would be approximately 6 months from my assesment, then mr, then paper appeal and finally oral appeal. Given some of the stories I have heard on here I expected to be much longer.

    Been kicked off my GP for panicking once again in her surgery - well, 3 times in the space of a week but has happened a few times in the past too .. (although I'm glad I panicked in a way as it proves to them the Propranolol does nothing infront of their own eyes), this means within the timeframe PIP has given me getting my medical records is impossible however the good thing is the letter written by the GP  about my removal from her practice is partly what I wrote in my PIP appeal what happens when I panic (shout/aggression) so that's another piece of evidence I can send... Still didn't want to change GP as I now have new Doctor's who know nothing about me at all which doesn't help my situation:(

    As mentioned in a previous post about the thing my Dr sent me to that lasts 6 months, I heard back from them a few days ago they came to the house to see me. They will let me know this week if they take me on their caseload but I think they will. The first thing they asked me if I get PIP and I told them what's happened, they said by the sounds of it I should be entitled to it and if they take me on their caseload they will help me with the appeal, attend both court and tribunal with me, help me get out and about and do meaningful activities, help me go to the doctors and explain my problems. They said they will help me get my medical records too but I don't know how given it takes 28 days to get a copy and another 28 days transfer to my new GP, which is about 2-3 weeks out of the timeframe I have been given to send evidence in before tribunal date.

    That organisation also read the referral letter from my previous GP to their organisation which states what I wrote in my PIP (commuincating problems, failed autism tests, aggression, anxiety, trouble going out and also the poor relationship with family at present) so I think they will send a copy of that too but I don't know yet (I'll specifically ask them to do so if they do help me as it can only help my case anyways). It does say in the referral letter that I have improved my communication but still have struggle with it and with social interaction which I agree with (I do think I've come a long way since she first became my GP)

    Just a little update.. As it stands I'm not sure where I'm going next, i'll need to see what this group does with me this week and go from there. I still don't quite understand the full extent of what it is they do, but they seem to be offering help with everything I throw at them instead of just passing me on so I'm hopeful for now..
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited May 2019
    @wildlife @poppy123456 @CockneyRebel @mikehughescq

    Another quick update. That organisation is coming out to discuss my support as they are taking me on. They also booked appointment for another disability place with a welfare rights department and they're gonna take me there few days before my tribunal. I think they said they will pick me up and take me to tribunal in car too but need to double check that. 

    Still not been  able to get a copy of my medical records which isn't ideal but hopefully they will be ready this week, so I can post it away. If they're not ready until the same week as my tribunal, or after it, what's gonna happen? Should I take to tribunal with me or will they hold off on the decision until they get them if not ready in time (if they need it). My medical record would help my case and I asked for it to go back to when I was seen by a psychiatrist too. I was told by that group to ask for the summary sheet if can't get it, but that doesn't state much only that I have anxiety etc doesn't go into depth just a simple mention of anxiety under current problems. 

    I made the mistake of looking into tribunal and realised it's just a small room with a desk and 3 or 4 people. Even the thought of it caused me to have a mini meltdown last night, what happens if this happens at tribunal or if I panic and storm out? 

    I also seen a video where someone said there was a DWP representative there and they grilled him hard on questions, saying why write this now say this ( because he didn't understand the full effects of his disability ) and so on, this is the kind of stuff that can cause me to panic cause I'm not good with communication and explaining myself, I wrote this on the form and gave example of the last time (ESA assessment ) where I walked out and locked myself in an empty room for 30 mins. What happens if it comes to this again  ?

    Do I have to speak for myself or will the representative I'm going with be able to speak for me and help ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There could be a DWP representative there yes but it doesn't always happen.

    Yes, you will have to speak for yourself during the hearing unless you have an appointee. The only person that really knows how your conditions affect you is yourself.

    The reason they prefer you to attend is because they want to see/hear for theirself how your conditions affect you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    There could be a DWP representative there yes but it doesn't always happen.

    Yes, you will have to speak for yourself during the hearing unless you have an appointee. The only person that really knows how your conditions affect you is yourself.

    The reason they prefer you to attend is because they want to see/hear for theirself how your conditions affect you.
    Thanks

    Another question

    Had a voice mail from Dr surgery saying I've to get in contact with them and that it's nothing bad - any idea what this is? I'm assuming it's to let me know my medical records are ready to be collected - would this be normal procedure? 

     If so brilliant news as I still have 1.5 weeks until tribunal. Should I take the medical records with me on tribunal date or send it to them as soon as I get them ? I have appointments with that welfare rights group next Tuesday tribunal is Thursday, I assume they would want to read them too? But then if I sent them away asap I wouldn't be able to show them to welfare rights unless I make quick photocopies




  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm afraid i couldn't even guess what it could be about. You will need to contact your DR surgery like they asked you to. If you're sending evidence to HMCTS then you should send it to arrive no later than 10 days before the hearing date. If it's not received by this date then your hearing could be adjourned because they may not have time to read it.

    Tribunal waiting times are huge i'm very surprised you've left it this later to send evidence.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019
    I'm afraid i couldn't even guess what it could be about. You will need to contact your DR surgery like they asked you to. If you're sending evidence to HMCTS then you should send it to arrive no later than 10 days before the hearing date. If it's not received by this date then your hearing could be adjourned because they may not have time to read it.

    Tribunal waiting times are huge i'm very surprised you've left it this later to send evidence.
    The waiting time was actually quite fast. At least in Scotland.b kicked off my doctors and thus needing to wait until my medical records were transferred to new doctors I've had no option but to leave it "late"

    18/09 claim received 
    10/10 pip2 received 
    22/11 face to face 
    26/11 decision issued 
    19/12 Mr received 
    01/02 Mr decision issued 
    02/03 appeal request 
    23/04 paper tribunal response issued ( this thread ) 
    13/06 oral hearing 


    They only sent the letter on 23/04 saying they want my medical records/me to attend in person which I received on 26/04, meaning around 7 weeks notice before the hearing. However as I was kicked off my doctors due to panicking again in her surgery that surgery refused to give me my medical records and told me to get them off my new surgery, which I had to wait until they had transferred enough of it over which took a few weeks aswell. I requested a copy of my medical records on 22/05 which is 2 weeks after registering with a new doctor ( they had my medical records going back to 2011 at this point not my full records but I only needed until 2016 so this was enough ) 

  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,923

    Scope community team

    Let us know what your doctor surgery says when you get through to them today! Hopefully your medical records will be ready. :)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019
    Let us know what your doctor surgery says when you get through to them today! Hopefully your medical records will be ready. :)
    @poppy123456

    It was related to an x-ray I had done but I already had results for that a few weeks ago. They said they've only done 2 years of medical records (not the 3 I requested so that the psychiatrist reports were in, pip wanted 2) 

    Medical records have been printed but practice manager needs to go over them so it will take about another week which means I'll have no choice but to take them with me to tribunal ( assuming they're even ready by then) 

    Not sure 2 years is going to help much as most of that was related to my physical problems or lying in hospital. I'm thinking it should have the times I panicked in hospital and the times I was given diazepam but overall it's probably not very helpful in proving my mental health effects on me as the hospital reports will most likely be more focused on the reason I was in hospital 
  • Pipquestions2Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019


    sorry for all the tagging lol

    Had my first real appointment with that group mentioned before, she said 6 months isn't enough and I need longer and she was putting me through to get social work involved so that I can work with them longer than the allocated timeframe. She also had me make an appointment and came with me to the DR and said explained to the Dr that she finds it difficult to work with me due to my high levels of anxiety,  and that I need referred back to a psychiatrist or psychologist as she suspects ADHD and/or Autism (yet another person who thinks this, I have been tested for both and failed them :(), Doctor won't refer me to Psychiatrist as I had already been there relatively recently with no changes since and failed the autism test. Have been referred to psychologist though.

    Gave her my PIP reports and she was reading through then and said what I wrote in my MR etc was very good. There was a few things she mentioned I should have wrote but I didn't think about it that way tbh.

    Once again another worker/professional of mine says I experience high levels of anxiety, suspect autism/adhd, have problems keeping eye contact, communication, etc yet according to my PIP assessor I can communicate perfectly, made good eye contact and showed no signs of anxiety.

    Normally they don't work with you if you're under other mental health teams (psychiatry/psychology) but she said she'll work around it.

    She mentioned going to the Dr and asking for stronger anti anxiety medication (benzo's basically) to go to PIP appeal, when I said then if it works they'll think I'm perfect, she said that's a good point maybe you're best just showing up and showing them how you truly are.


Sign in or join us to comment.