Tribunal

tara2019
tara2019 Community member Posts: 234 Empowering
I would like some advice done pip tribunal online what evidence do I send in do I send in all evidence that I've sent to dwp both letters refusing pip copy of assessment report I've got more medical records and pictures and letter from social services mental health team and pain management team I'm really not sure I've got appointment next Thursday with cab can anyone help 

Comments

  • poppy123456
    poppy123456 Community member Posts: 61,123 Championing
    Hi,

    I'm assuming you requested the mandatory reconsideration and that was refused? If so then you'll need that MR decision letter for the Tribunal request, otherwise your appeal will be refused.

    There's no need to send what you already sent to support your claim because DWP will send everything to them and you'll receive everything in what's called the "bundle" anything extra you have should be sent to arrive no later than 10 days before the hearing date. You'll have plenty of time to send anything extra because waiting times in most areas are huge and lots of people are waiting in excess of 1 year for a hearing date.

  • tara2019
    tara2019 Community member Posts: 234 Empowering
    Thanks I noticed on mr letter they've seen extra evidence but have not looked at more evidence which I sent in 2 weeks after I sent mr appeal do I send to Tribunal every letter medical records  I get from now till appeal and do I send copy of assessment report x
  • [Deleted User]
    [Deleted User] Posts: 584 Listener
    I'd get some help from CAB, Welfare Rights or any other advice centre you have in your area (if you have one). They can advise you on what to do and what to send etc.
  • tara2019
    tara2019 Community member Posts: 234 Empowering
    Thanks I've got appointment with cab next thurs just wanted to send things today 
  • [Deleted User]
    [Deleted User] Posts: 584 Listener
    I hope everything goes well :)
  • tara2019
    tara2019 Community member Posts: 234 Empowering
    Thanks 
  • poppy123456
    poppy123456 Community member Posts: 61,123 Championing
    Everything that you've already sent DWP will be sent to HMCTS and this includes the assessment report.
  • tara2019
    tara2019 Community member Posts: 234 Empowering
    Thanks do I send everything I get from now on and wait for bundle from dwp 
  • twonker
    twonker Posts: 617 Empowering
    tara2019 said:
    Thanks do I send everything I get from now on and wait for bundle from dwp 
    There is nothing stopping you. But do make sure that what you do send relates to how you were when you filled out the PIP2 (made the claim)
  • poppy123456
    poppy123456 Community member Posts: 61,123 Championing
    twonker said:
    tara2019 said:
    Thanks do I send everything I get from now on and wait for bundle from dwp 
    There is nothing stopping you. But do make sure that what you do send relates to how you were when you filled out the PIP2 (made the claim)
    That's not correct. The Tribunal will take into consideration what you were like up until the decision was made and not when the forms were filled in.
  • twonker
    twonker Posts: 617 Empowering
    twonker said:
    tara2019 said:
    Thanks do I send everything I get from now on and wait for bundle from dwp 
    There is nothing stopping you. But do make sure that what you do send relates to how you were when you filled out the PIP2 (made the claim)
    That's not correct. The Tribunal will take into consideration what you were like up until the decision was made and not when the forms were filled in.
    I understand what you are getting at. But can't for the life of me see how it makes any difference.
    You fill the claim form out and enclose what evidence you have around you. Then wait for an assessment to confirm what you have claimed. The DWP then get a report as to their findings on which a decision is made.
    The decision is made based on the PIP2, the evidence that you had sent in and the assessment report.

    Are you suggesting that somewhere along this time line you may want to include some other issues not previously disclosed on the PIP2?

  • poppy123456
    poppy123456 Community member Posts: 61,123 Championing

    Are you suggesting that somewhere along this time line you may want to include some other issues not previously disclosed on the PIP2?

    Exactly and not only that, they may not have enough of information to do a paper based assessment. As we all know a lot of people don't put all the information about how their conditions affect them on the form, which is why most people have face to face assessments.

    I've made this mistake in the past but when i filled out my daughters very recent PIP review form i gave as much information as possible and included 2 examples of what happened the last time she attempted that activity for each descriptor that applied. I also stated who she was with and where she was. I sent in new evidence, which wasn't actually used. Based on the previous assessment report and the PIP review form she had a paper based assessment.This was completed and returned to DWP 10 days after the health assessment providers received her file.
  • twonker
    twonker Posts: 617 Empowering

    Are you suggesting that somewhere along this time line you may want to include some other issues not previously disclosed on the PIP2?

    Exactly and not only that, they may not have enough of information to do a paper based assessment. As we all know a lot of people don't put all the information about how their conditions affect them on the form, which is why most people have face to face assessments.

    I've made this mistake in the past but when i filled out my daughters very recent PIP review form i gave as much information as possible and included 2 examples of what happened the last time she attempted that activity for each descriptor that applied. I also stated who she was with and where she was. I sent in new evidence, which wasn't actually used. Based on the previous assessment report and the PIP review form she had a paper based assessment.This was completed and returned to DWP 10 days after the health assessment providers received her file.
    OK, I suppose that could happen. I, like you, have done that with all of my PIP forms. Not because 'I forgot about something' but only putting on the form the problems I have that could be evidenced. No point in going into a song and dance about issues that I could not evidence. Already found that out after the assessor dissed some of the claims as being 'in my mind only'. I agree some people may not disclose problems because they couldn't work out if they were relevant or didn't really know how to express the situation on paper.
      
  • tara2019
    tara2019 Community member Posts: 234 Empowering
    i filed my pip claim nov 2018 my conditions on daily living and mobility has been bad since 2016/17 ive got evidence for them yrs and previous yrs and 2018 ive been getting more evidence from jan 2019 even tho been turned down for pip my conditions are still on going and not going away ever im just getting more help this year for my mental health, msk specialist, pain clinic, physio, occupation therapist, social services i thought the more input i get the better is this wrong 
  • poppy123456
    poppy123456 Community member Posts: 61,123 Championing
    Evidence helps yes, if it states how your conditions affect you against the PIP descriptors. Evidence that says just a diagnosis, doesn't help as much. Sometimes less is often more, especially if one piece of evidence contradicts another. Although having lots of evidence doesn't mean you'll have a paper based assessment because most people have face to face assessments. If they don't have enough evidence to do a paper based assessment then a face to face will be needed.
  • tara2019
    tara2019 Community member Posts: 234 Empowering
    ive had the assesment in jan 19 ive done the mr ive now appealed to tribunal ino it can take upto a year for this, im just saying everytime i go to mental health, doctors, msk specialist, physio i will get this in writing regarding my disabilitys and mobilty and mental health  
  • twonker
    twonker Posts: 617 Empowering
    As has been said on a similar thread that there is the possibility that the assessor may well take the view that as you are receiving this additional support and treatment your health should improve. Seems a bit daft I know, as the same can be said for someone who is prescribed stronger painkillers which should result in that any limitations you have due to pain should disappear overnight.