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Somebody please explain this to me.

melissahicking2019melissahicking2019 Member Posts: 125 Courageous
Hi i recently took a friend to a pip tribunal. and we are waiting for the decision letter.

My question regards a question that has just dawned on me.

At the tribunal there was a panel of 3.

1. A Doctor

2. A Judge

3. A Disability specialist.

For this tribunal we had to provide all my friends Doctors notes and medical information.
It took us alot of messing about and waiting ect.

But why did we need to get the Doctors notes when there is a doctor on the panel.

Why couldn't the doctor  just pull up his files while at the tribunal.

I understand that we personally required the paperwork to support our appeal
But why did we then need to provide them to a Doctor who can just pull it all up on his laptop thats sat in front of him at the tribunal.

I dont quite understand the logic in us needing to do all the hard work when the doctor could simply of sat at the table with the files in front of him
 
And also had we not of got those doctors notes the Panel would of said that we had provided no evidence and offered little in terms of defense

Im just a bit peeved that after all the messing about we did there was a doctor at the sitting who could of saved us alot of messing about.

Can anybody answer this to me.

I understand thier maybe a Data act or something and maybe the doctor was not allowed to just access the files without consent but surly we could of just signed a piece of paper allowing the panel access to the files.

So is there another reason why the doctor and the panel could not of had our files ready for tribunal.

After reading on this forum i find that alot of panels have dismissed cases because of lacking this same evidence that the doctor could of got for himself.

Also if the doctor is allowed to look through your files then surely anything we did not have access to would also be available to the doctor and therefore could benefit our case .

Sorry for the lengthy questioning but im just a bit confused.

Thank you.



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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You're right, date protection will prevent anyone from accessing any medical records and permission needs to be given before anyone can do this.

    It's also not their responsibility to prove you qualify for PIP, it's yours.
    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.
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    thank you i was just not sure about the data protection, But surely it would be an advantage for disabled people especially if the presiding doctor was able to access the files while at the tribunal. It could even be of benefit to the claimant as a doctor could access deeper into the files than the claiment and find out about the illnesses in detail..

    Anyway thankyou

    I hope one day the doctors can access the files at tribunal as i think it would help alot of people who struggle to gather thier paperwork..


  • zakbloodzakblood Member Posts: 419 Pioneering
    it's now somewhat easier to access our own medical history with most area's doing it for free and with some for a small cost, most of mine i paid for upto 2012 and cost me £60 but that was 7 or 8 years ago and have had them updated to 2019 for free now and it's a gold mine for a Tribunal hearing, as very few doctors will over turn a professor or consultant notes and findings, i have 120 pages of notes back from 2012 with many more pages to come, with this sort of information most Tribunals have no choice but to award in your favor, i've even sent in mine with all of my previous assessments, but it seems they never read case histories  and doctors notes or xrays and MRI scanner information and go on how you look and are on the day, so rather pointless to them, but Tribunals are for me somewhat different, they seems to have the ability to read, and a higher and better understanding on what results are there and given / supplied etc so are well worth the time and effort to get and take with you, i had all mine photocopied and sent in advance with recorded del so to make sure they have plenty of time to read them and make sure they also got them, then on the day, it's just a question and answer sessions with your word of what happened on the day with the notes from what a given examiner wrote, so your word against there notes, as i've mentioned it in the past, all exams should be recorded, so notes can be compared to what a person like us actually says so lies and discrepancy can't come into play.

    it shouldn't have to come down to Tribunal hearings, but it now seems it's the norm for some, with a poor and or bad assessor on the day and i'm not surprised no longer on how many still score 0 even if they passes many times before even like me, who's now done 5 and this time scored 0 so seems i'm now cured and fully fit to work and be no longer ill, a pure medical miracle 
  • [Deleted User][Deleted User] Posts: 587 Listener
    Hmm, I don't know, I don't understand any of it, when I appealed ESA twice (this was before MR's and when you could get legal aid) I had a solicitor deal with it for me and they requested the evidence and sent it on to the tribunal services, I wasn't asked to provide any paperwork because they had it but I'm going back to 2012 now, things change over the years.
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    Thank you for the reply's.

    we sent very good evidence, As well as every year from 2009 and including the year before CAPITA assessment and the year of assessment and we even managed to get a assessment paper that was administrated the day before the CAPITA assessment from the doctors Proving Mental Health Conditions where the same as the previous years.

    The evidence we provided proves beyond doubt that my friend has long term problems from 2009 right upto present day 2019/. We also provided Proof of his disabled hand Back from 1998 upto 2019.

    And we also managed to get his Special needs school admission papers and school reports proving disabilities and dyslexia. Severe dyslexia imn fact, the school also educated MENCAP children alongside my friend..

    So Basically after a good Tribunal i am hoping my friend will of been awarded lower rate at the least (Because his hand awards him 8 points at the lowest possible score) and higher rate (Like his previous award) for mental health and dyslexia...

    If not then the system has ruined the chance of Home Help for another vulnerable person Previously awarded PIP
    And runied the hope of any recovery or Progress..

    But from what i have seen of other people, im not counting my friends chickens just yet. As this system can be cruel and inconsiderate even when good evidence is presented.

    On the other hand they may redeem my faith in the system as they did when they gave my friend and myself PIP & Carers.

    But il tell you all tomorrow when i get the letter.

    Thanks again.

    Mel.
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