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PIP claim during treatment period

rbzrbz Member Posts: 96 Courageous
I have pain in legs and physiotherapy course starting this week. Expect 3 - 4 months visits to physiotherapy department (likely every 2 weeks).
Previous physiotherapy course not helped, so expect new course not reduce pain in legs.
There good idea claim PIP during treatment or better wait while physiotherapy course finish?
Before I was awarded DLA, but not awarded PIP and at this moment awaiting news from Tribunal.

Replies

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

    If you are waiting for a Tribunal hearing for your PIP claim then you will need to wait for this and not start a new claim. Starting a new claim isn't always the best idea when waiting for a Tribunal 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.
  • rbzrbz Member Posts: 96 Courageous
    edited October 2019
    Tribunal not awarded PIP.
    At this moment I awaiting for statement of reasons.
    Already 4 weeks awaiting for SOR from Appeals tribunal.
    While awaiting SOR and very likely I pass this matter to Upper tribunal I want place new PIP claim, because there needs wait very long time for upper tribunal.
    I don't know why tribunal not awarded PIP, but suspect that decision based on false CAPITA assessment report.
    I already received evidence which confirm that assessment report missing most information. So I think I have good grounds to contact Upper tribunal.

    But at first want place new PIP claim based on new medical records and at same time want to work with old PIP claim (decision letter was dated December 2018)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They can take as long as they want to send you the SOR and ROP because there's no timescales.

    A PIP Tribunal isn't about the assessment report or any lies/contradictions that may have been told in the report. What you should concentrated on is where you think you should have scored those points and your reasons why.

    A poorly presented case often leads to refusal.
    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.
  • rbzrbz Member Posts: 96 Courageous
    I have hearing disability and can't hear smoke alarms when bathing. So I was very surprised that not awarded any points under Washing and bathe.
    During Tribunal hearing panel member was advised about this problem, but panel members told me that PIP assessment report shows that I not have this problem (difficulty to hear smoke alarms).

    Also there was other problems during  Tribunal hearing when panel members mentioned that assessment report not contain any information about what I talking during hearing.
    I think panel members don't trust about what I talking even medical records clearly stated that my health conditions affect to my daily living.
  • rbzrbz Member Posts: 96 Courageous
    But idea place fresh PIP claim during physiotherapy course is good idea or not?
    I mean maybe DWP think that physiotherapy sort my problems with leg pains.
    Or better wait 3-4 months while ends physiotherapy course and then place new claim. Also ask DWP backdate PIP claim for 3 months.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Only you can decide when to start another PIP claim. I'm afraid it definitely won't be backdated for 3 months. If you're successfully awarded this time then it will be from the date you rang to start your claim.

    Do be aware though that re-applying using the same evidence you used previously will very likely see another refusal. You should get some face to face advice from an agency near you.
    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.
  • rbzrbz Member Posts: 96 Courageous
    I already discussed with local CAB advisor. They just suggest contact GP . But no information how to prepare for new PIP claim.
    I already visited GP (received pain relief tablets),
    Audiology department (received new hearing aid),
    from Wednesday starts physiotherapy treatment.
    Already have new medical evidences.
    Ask my employer for support letter (which confirm support from employer as I have some problems during work hours).
    I failed my reassessment from DLA to PIP because I expected that DWP and assessment company working fair. But seems need hide all information about good days, because if I feel good 1 day during the week and rest 6 days I feel very bad - DWP takes into account only that 1 good day.
    Strange system.
    Hope government scrap current system.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    People do work and claim PIP but if the work you do contradicts the reasons for your claim then it can go against you.

    You definitely don't need to "hide" the information about good days. You need to tell them everything because PIP is about how your conditions are at least 50% of the time over a 12 month period. If you tell them you don't have any good days and you attend your assessment when you're having a good day then the HCP could see through this and think, if this is a bad day for you, then you can't be as bed as you say you are. You should always be honest and nothing more.
    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.
  • rbzrbz Member Posts: 96 Courageous
    edited October 2019
    During last assessment I told that during "good" time I can walk 1 mile (once) but rest of time I can walk  15-50 metres, because if I walked 1 mile I need 1 or 2 days to wait while legs pain go away. Assessor was advised that majority I can walk under 200 metres. Some days 50 metres, some days 100 metres, some days 15 metres.
    Once a week or once a month I can walk 1 mile.

    My walking ability very depends by daily activities. I never know how metres I can walk today or tomorrow.

    Assessment report shows that I can walk over 200 metres without any problems. So not received any points for mobility activities.
    I don't know how assessor can write this if not see how I walking.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @rbz, how are you doing? I imagine the whole process has been pretty stressful for you. Like Poppy has said, it is completely up to you about starting a new claim.

    Was there a reason you wanted to start a new claim? Was the leg pain not included previously?
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    Scope

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  • rbzrbz Member Posts: 96 Courageous
    edited October 2019
    Hi Chloe,
    My problems:  moderate to severe hearing loss and both legs permanent numbness + during walking, twisting, bending I feel burning pain in legs. So I must alter/cancel activities and sit down for few minutes until pain go away.
    Before was on DLA middle living and lower mobility.
    On Wednesday visited physiotherapy department, but they can't help and suggest ask GP for referral to pain clinic.
    During DLA to PIP reassessment I was awarded 0 points.
    My assessment report missing most information that I told to assessor.
    When placed complaint about assessment report content I received answer that assessor can't recall my assessment details, because too busy, also pointed that report not designed to verbatim whole assessment process, so assessor can include or exclude information from report.
    At this moment I passed this matter to Independent Case Examiner.
    After Appeal Tribunal hearing I was awarded just 2 points (can't remember what descriptor), but not received any points for washing and bathe even I can't do this safe, because can't hear smoke alarms. Due hearing problems I can't go alone to unknown places.
    Hearing problems and pains in legs cause many disadvantages during daily living.
    During tribunal hearing panel members was very focused into Assessment report content, they asked why report not show problems about what talking during Appeals tribunal hearing. Also was focused on my work type. Assessment report shows wrong information about my work.
    At this moment I awaiting for Statement of Reasons (already waiting from 09.09.2019).
    I believe that Tribunal decision was based on wrong Assessment report content. 
    I think that go to Upper Tribunal, because I already received evidences, which shows that assessment report completely wrong.
    At this moment preparing for new PIP claim ( obtained interview recorder, new medical records available and try don't repeat previous mistakes, because one wrong word can create wrong assessment report and DWP again not award PIP).
    Further process with old claim take very long time, so preferred place new PIP claim and at same time my old claim send to Upper tribunal, because I expected find problems with law when receive Statement of Reasons from Appeals Service.

    Assessment itself was not stressful. Because I don't know about problems with with Assessment reports.
    Simple I expected that assessor include all information about I talked. And DWP make adequate decision.
    But in real life assessor simple excluded my problems from report and includes only information which don't allow claim PIP 
    Also seems nobody (DWP and Capita) carry about how health conditions affect to daily living. If I do something once - this means I can do that always. And nobody carry if in real life I can't repeat something second time.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @rbz, I can see why you would want to make a new claim, with the focus being on the inaccurate information in the initial report. I hope the Statement of Reasons can allow you to take it to upper tribunal. Do you have any other evidence you could use to support the current claim?
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    Scope

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  • rbzrbz Member Posts: 96 Courageous
    Hi @Cloe_Scope
    09.09.2019 Received new hearing aid from Audiology department.
    Some day in September from GP received medication (pain relief tablets)
    09.10.2019 Visited physiotherapy department, but they can't help. They sent letter to GP with suggestion for referral to pain clinic.
    Before September 2019 I contacted GP, but not very often, because hearing problem - for life.
    Leg numbness and burning pain during some activities likely come from spinal lumbar. MRI scan show some disc degenerative with not significant pressure to nerves. Think by this reason I not feel permanent pain, pain starting when do some activities.
    So if contact my GP - receive just pain relief tablets. Sometimes I prefer obtain tablets from shop instead contact my GP.
    Maybe this wrong decision, because medical records show my problem, but I not contact GP very often.
    Now I trying contact GP often as possible, but just to create new medical records, even really I not receive any help from pain relief medication.
    Also have a letter from employer, where stated that due my health problems from 2015 I twice changed my job type.
    Previous PIP assessment report contain only information about my work type on 2015, but excluded information what actually I worked during 2018 when I had PIP assessment.
    My medical records clear stated that I complain to my GP about problems caused by job on 2015, later I asked my employer change job type.

    PIP assessment report excluded this information, also Capita not obtained my medical records. Appeal Tribunal not take in account my job type change on 2015 and focused only in job what I worked 2015, but not interested what I worked 2016 - 2018.

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @rbz, thank you for sharing this. Unfortunately, having appointments and been seen by different people can be sent as evidence but it won't mean you are entitled to PIP.

    It is about showing how your condition affects you on a daily basis that is important, and how this means the criteria. The letters from professionals are better when they reference the criteria.

    Have you had any specialist advice during your claim? I would highly recommend this. Here is how you can access local advice.

    I really hope things end positively. :) 
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    Scope

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  • rbzrbz Member Posts: 96 Courageous
    When I meet GP, we don't discuss about problems like have difficulty to bathe or difficulty to dress my lower body and etc. We concentrate to leg pains and how to reduce pain. During 10 minutes appointment impossible discuss about problems during daily living.
    Same with audiologist - he know difficulties, but he can't add these notes into records or issue support letter, because every time different specialist and no nessesary visit audiology department very often (only every 3 years check hearing levels).
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    I appreciate that all of these won't be discussed. This is why GP letters are often not the most helpful. You can write yourself about the difficulty to bath, with this causing pain and therefore being supported by what the GP prescribes. For you, writing a diary over the course of a week may give you a chance to show how your condition affects your daily life and mobility. 

    I hope this helps. :)
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    Scope

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