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Dwp tribunal help x

kimm_07kimm_07 Member Posts: 6 Listener
Hi, 
I've been receiving pip standard mobility for around 2 years. I have hyper mobility in both knees and had unsuccessful operations, physio etc.
In the end I was advised that my condition is lifelong and cannot be corrected. The damage from the dislocations has left me worth stiff bent legs, I cannot straighten or bend them and have osteoarthritis also affecting my posture and lower back. I was awarded standard mobility on the same circumstances as now nothing has changed, but now my pip has been taken away based on scoring zero points and driving a manual vehicle. I've driven a manual for 15 years and it was awarded last time so I dont see this as fair?
My knees will only dislocated if I slip whilst standing or force my legs into a straight position so walkimg can be tricky, but whilst seated and driving with legs in slightly bent position I'm ok. 
At the pip review she asked me to perform exercises, she asked me to be seated after me holding on to her desk and being in a lot of pain and said I dont want you to do any more! When I recieved the scores sheet and their decision is was 000000 all the way down, this woman had completely lied about me and my mobility and that I performed all exercise without issue. I have my tribunal hearing on 16th october and its keeping me awake at night! I feel sick!
I'm worried that I have no new supporting evidence, simply because my condition isnt going to get better, i spent most of my life for 5years old upto 15years old at drs and hospitals with my mum trying to get answers and get them fixed, (I'm now 32)
So what is the point in me continuously moaning about something they cant help with, that wont get better? This is the reason I have no further evidence for the last 10 years. Do I need to make a nuisance of myself to be taken seriously?  
Can anyone offer any advice or reassurance please? 
Thanks 
Kim ❤

Replies

  • michfinchmichfinch Member Posts: 173 Pioneering
    Hi Kim, sorry to learn of your illness and your problems with the DWP/Nurse. My experience is that trying to make sense of the DWP “lies” (and my Epilepsy is worsening) overruling my Specialist and my Dr’s Reports has seen me relegated to the “naughty step” for probing and asking questions. I can understand if I was “assessed” by a “Nurse” with “Mental Health Specialist Knowledge”. I do have ongoing reports from my Specialist outlining why and how my condition is worsening. The “Assessors” ignore this. So hopefully someone may re-assure you, however, I think you need as much up to date Medical Evidence as possible. if and when I have another “Assessment”, I think it perfectly fair to be “Assessed” by or the presence of a Psychiatric Nurse as I have no physical impairments, just the same as you have no mental impairments. This “Assessment” is a one-test fits all....... Good Luck.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi and welcome,

    Making a nuisance of yourself won't help your claim. Writing a submission stating where you think you should have scored those points and your reason why, adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you will help you. Have you written your submission?

    Unfortunately, sometimes driving can go against you. However, the Tribunal are totally independent to DWP and the health assessment providers and they will listen to what you have to say. You'll be asked questions on the day of the hearing and these will be based on how your conditions affect you. You will need to answer all those questions yourself in your own words. If you're taking someone with you they maybe asked at the end if there's anything they want to add, but this doesn't always happen.

    You can ask someone that knows you well to write a support letter for you, this may help. You can also write a diary to support your claim. Evidence should arrive no later than 10 days before the hearing date but that's too late now. Sometimes they will accept evidence on the day of the hearing, if it's not a huge amount. You'll need hand it in before you go into your hearing.

    Do be aware that they will only take into consideration what your condition was like at the time the decision was made. Any worsening of condition will not be taken into consideration.

    Sometimes it's not possible for them to make a decision on the day of the hearing. If this happens they will write to you within a couple of days. It doesn't mean you haven't been successful, it just means they can't make a decision at that time. Lots of people are successfully awarded at Tribunal when they haven't been told on the day.

    Good luck and i hope a decision goes in your favour.




    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.
  • kimm_07kimm_07 Member Posts: 6 Listener
    Thank you for replying to you both. I'm new here so still getting to grips with replying and how it all works. 
    Poppy, I think I've gotten myself in a real tizzy with it all and my common sense has gone out of the window. Sometimes it takes someone else to point out the obvious so I totally know what I need to do in preparation for my hearing now, so thank you.
     I'm still concerned about the lack of new evidence though. I mean I just dont have any at all. 
  • ozzy19721968ozzy19721968 Member Posts: 29 Connected
    Sorry to hear about your problems with dwp and I can understand I had an ambulance paramedic fo my assessment after them cancelling two at short notice I am still waiting for a copy of my report phoned the dwp once I got a tex telling me they had received the report from the accessor got told they havent looked at my case yet and would be better to waite until they have looked at it phoned today and the chap on the phone said yes no problem we will get that sent out today I think a lot of it is down to who you speak to in the dwp at that and the stress they caused with cancelling appointment an hr before they was due to attend my house .hope your appeal goes well for you 
    .
  • kimm_07kimm_07 Member Posts: 6 Listener
    So, I had my tribunal yesterday. I was due to be seen at 2.50pm. I didn't enter the room until 4.30 due to delays. Anyhow, the judge had adjourned and asked for medical records that I am to obtain myself from my gp and forward on to the court. I have put the request into my gp and now waiting for a call to collect the paper work. Has anyone had any similar experiences to this? X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, HMCTS will adjourn a hearing if there's not enough evidence to make a decision and they will request you send evidence from certain dates. If they didn't adjourn it then an incorrect decision could be made. As soon as you  receive the evidence you need i'd advise you to send it to HMCTS as soon as possible.

    Hopefully you won't be waiting too long for another date.
    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.
  • kimm_07kimm_07 Member Posts: 6 Listener
    I hope so too. Poppy, you seem very knowledgeable on this particular subject. Once the courts have received my evidence, are the dwp likely to call me with an offer outside of tribunal, or is it likely to go all the way to the next hearing? X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks. It's unlikely that DWP would do that as you had one hearing already, i would expect to have to attend another hearing.
    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.
  • kimm_07kimm_07 Member Posts: 6 Listener
    I thought as much. Thank you for your help. I know you dont know my case thoroughly but knowing what you do know so far, do you believe I have a strong case? X I'm very worried x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm afraid that question is totally impossible to answer because as you said i have no idea how your conditions affect you.

    I know it's very worrying but hopefully you won't be waiting too long for another hearing date. Good luck and do let us know the outcome.
    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.
  • kimm_07kimm_07 Member Posts: 6 Listener
    You've been a big help thank you. My gp has advised to have an xray between now and the tribunal to update the medical records for their piece of mind that the condition is still there as the medical records are old. I will post here with an update when I have one x
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @kimm_07, I can imagine it was frustrating for it to be adjourned, yet I hope this will give you a much better chance of being successful!  

    Please do keep us updated and I hope you don't have to wait long for another date. :)
    Community Partner
    Scope

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  • ozzy19721968ozzy19721968 Member Posts: 29 Connected
    Hi just an update on pip award I have been given the enhanced rate for both mobility and living which such a relief. Was so worried at not getting any award but all sorted for now 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    That's great news @ozzy19721968!! Thank you for letting us know!
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    Scope

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  • pollyanna1052pollyanna1052 Member Posts: 2,002 Disability Gamechanger
    Hi Kimm, only just read your post. How awful that you have all this anxiety. I hope you get the right result. Have you heard any more?
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