PIP, DLA and AA
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pip- tribunal stage

tracey92tracey92 Member Posts: 2 Listener
edited May 2019 in PIP, DLA and AA
Hi everyone. Hope some feed back might help me. I was awarded pip early2018. I was awarded enhanced rate for both parts. I had a home assessment in December 2018 and a week later stopped my claim as I scored 0 points crossed the board. So basically if you have cancer and chemotherapy has stopped seems to me your entitlement stops aswell. I did a MR notice. Which was a waste. Same as the assessment they said I denied a physical examination I did not they never asked me. Everything the assessor put contradicted to what I said. She also forgot to list all my medication including my cancer drugs. The  MR notice was a shambles they sided with the assessor and they didn’t seem to look at my prescription either as they said there was no evidence of my medication I take. We are now at a tribunal stage which DWP have already missed the first dead line and with looking at things they will miss the 2nd deadline which is in 2 days. I called DWP yesterday and they said they was waiting for more info from health prof lol which is atos. They said they have received more information today so they will. Ow be looking at the case. 

Replies

  • Antonia_ScopeAntonia_Scope Member Posts: 1,783 Pioneering
    Hi @tracey92 thank you for sharing this with us. I am sorry to hear about this. I hope the tribunal goes according to plan. Citizen Advice has some information on tribunal hearing.

    I'm glad they have received more information now, hopefully they don not miss the second deadline. Please keep us updated. ;)
  • tracey92tracey92 Member Posts: 2 Listener
    Update. Deadline today and guess what they have not submitted any paper work to the tribunal services. I now have to wait as they have to have a hearing to explain the reason why 
  • mikehughescqmikehughescq Member Posts: 5,347 Disability Gamechanger
    If DWP received further information from the assessment provider on the 14th then it was always unlikely anything would be submitted to HMCTS by the 16th. However, it strikes me that your first post details some things wrong with the HCP report and the MR but none of those things will get you PIP.

    - Having cancer does not automatically qualify you for any rate of PIP unless you qualify via the special rules/terminally ill route. If you don’t then you need to make the case for which points why and what supporting evidence? Disproving a HCP report is not the same as proving PIP entitlement. Medical evidence is not necessarily determinative of anything unless you’ve given practical examples of day to day functional issues which score points.

    - whether or not you refused a physical examination is neither here nor there. The HCP assessment should not involve any medical examination without consent but in any case I don’t see any relevance to cancer. 

    - there may or may not be evidence of meds but the better question to ask is what the meds would show. They would confirm a diagnosis but is that in dispute? They may suggest ongoing issues and symptoms but “suggest” is the key word there. Your list of meds would suggest ongoing issues but what’s the precise evidence of that? So, pain meds suggest ongoing pain but the key question is what pain? Where? When? How long? Which points scoring activity is impacted? 

    It’s not uncommon to be really angry and frustrated with DWP and HMCTS approach to these issues but focusing on those can detract from what your actual case is. As you’re at the appeal stage have you put in a statement spelling out which points; why; what supporting evidence etc? Thats where your focus ought to be. If DWP miss a deadline let the tribunal worry about it whilst you prep your case. 

    If you you haven’t already done so this is the moment to get face to face advice and representation.
  • DumplingDumpling Member Posts: 24 Connected
    I had stage 4 cancer and had numerous amount of chemos and had a stem cell transplant. I am now thankfully in remission but you don't get pip because you have/had cancer/chemo, it's how it affects you. I have life time conditions from all the treatment now. I am going to tribunal as they did not write things down that I told them even though I have plenty of evidence supporting my claims from my consultants.
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