Pip refusal based on just one condition of many?

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Comments

  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    @TommyowenCongratulations on your win, and thank you for sharing with us, it is great to hear a good news story and encourages other members to fight for what they deserve. You can now take a step back and ut it all behind you 
  • chiarieds
    chiarieds Online Community Member Posts: 16,672 Championing
    Hi @Tommyowens85 - I'm delighted to read your great news. Congratulations, especially on a paper based appeal! Thank you very much for letting us all know.
  • skullcap
    skullcap Posts: 165 Contributor
    edited February 2020
    I was always under the impression that what you put on the claim form and the difficulties in line with the descriptors must always be backed up with evidence in the first person. With that evidence you have to demonstrate that your claim wins on the balance of probabilities over and above what anybody says or thinks.
    Claiming something without that level of evidence will most likely be ignored as will evidence that is more than a few years old as things could have changed dramatically since then.
    Sometimes it may not matter  what you claim and what descriptors are met if you cannot prove it. Some claimants only look to those descriptors that can be proven and don't bother with others as there is no evidence to support the claim.
    All evidence should be given as the opinion of the person writing it, there is no point in relying on a letter from say a consultant, GP or physio that starts off 'my patient tells me...'

  • poppy123456
    poppy123456 Online Community Member Posts: 62,454 Championing
    @skullcap this is exactly what yadad and his other usernames always thought and you've just commented exactly the same way as he used to. Anyway, your thoughts here are not correct.
  • Tommyowens85
    Tommyowens85 Online Community Member Posts: 28 Connected
    Hi skull, yes my evidence put forward to appeal from my caregivers  were in their professional opinion and observations not what I have told them so maybe that’s why the evidence was “accepted and preferred” over the health assessors, that’s how the winning appeal notice was worded. 
    Either way it was enough.
     The first letter one of my my care givers had written was worded in a way that It would seem that’s what I have said and was dismissed in m.r.  once I was told that it was not acceptable, they were more than happy to re write in a correct format that is acceptable. In their own views and opinion. Thanks 
  • cristobal
    cristobal Online Community Member Posts: 984 Championing
    @yadnad said "...will most likely be ignored as will evidence that is more than a few years old as things could have changed dramatically since then."

    I didn't find this to be the case, although i only have evidence of one claim.

    I sent an OH report which was 8 years old and it was taken account of.
  • skullcap
    skullcap Posts: 165 Contributor
    poppy123456 said:
    @skullcap this is exactly what yadad and his other usernames always thought and you've just commented exactly the same way as he used to. Anyway, your thoughts here are not correct.
    What is all this about? I don't care what anybody else has said I am my own person and have my own opinions and views. 
  • skullcap
    skullcap Posts: 165 Contributor
    cristobal said:
    I sent an OH report which was 8 years old and it was taken account of.
    Wow, how surprising. I seem to remember that my claim form instructed me not to send a whole box full of evidence but to send in what was relevant at the time and nothing that was more than a few years old. Maybe there is an updated form with different instructions.

  • cristobal
    cristobal Online Community Member Posts: 984 Championing
    @skullcap .... just think of what is 'best evidence' - this was an assessment of functionality carried out by a top specialist in OH ...
    it would haven better if it were more recent but you can't have everything...

    I dare say that it helped, if 'help' is the best way to describe it, that my condition is degenerative so there can be no suggestion of things improving in the interim///
  • skullcap
    skullcap Posts: 165 Contributor
    edited February 2020
    Maybe I misread the 
    cristobal said:
    @skullcap .... just think of what is 'best evidence' - this was an assessment of functionality carried out by a top specialist in OH ...
    it would haven better if it were more recent but you can't have everything...

    I dare say that it helped, if 'help' is the best way to describe it, that my condition is degenerative so there can be no suggestion of things improving in the interim///
    Maybe I misread the instructions then? If what you say is correct then I should have submitted a report from my then Respiritory Consultant from 2010 which confirmed that I had 'Chronic Farmers Lung'. It had left me with 40% usage of the left lung and only 20% of the right one. The result of that was that my breathing was poor, I was out of breath with the slightest bit of exercise. I made no mention of this issue on the PIP form as I could not have it verified at that time as my report was then 5 years old. I thought that it would be argued by the DWP that that was then (2010) and for all intents and purposes it may well have changed for the better by 2015 which could not be proven one way or the other.
  • cristobal
    cristobal Online Community Member Posts: 984 Championing
    @skullcap - sorry I can't help because I don't know about Famers Lung... If the 5 year old report is the best you've got then I'd have sent it but I don't know what the rules are..
  • poppy123456
    poppy123456 Online Community Member Posts: 62,454 Championing
    Just to add to this..... i also sent in reports that were 5 years old for my last PIP review. Never had a problem because the evidence was still very much relevant.
  • skullcap
    skullcap Posts: 165 Contributor
    Just had a look at my old PIP claim form/notes and it says that the DWP did not want any relevant evidence that was more than two years old.
    I have now found the answer why your case succeeded. They have changed the wording since 2018 on the new PIP2 form. They have removed the two year restriction. So yes you were right in sending it and why it was considered. Talk about moving the goalposts. Those that lost out pre 2018 just had to put up with it, whilst since 2018 any and all evidence will be considered irrespective how old it is as long as it is still relevant.
  • poppy123456
    poppy123456 Online Community Member Posts: 62,454 Championing
    skullcap said:

    I have now found the answer why your case succeeded. They have changed the wording since 2018 on the new PIP2 form. They have removed the two year restriction. So yes you were right in sending it and why it was considered. Talk about moving the goalposts. Those that lost out pre 2018 just had to put up with it, whilst since 2018 any and all evidence will be considered irrespective how old it is as long as it is still relevant.

    Nope, not correct sorry. My last PIP review was in 2016 and all the evidence i sent was used and some of it was more than 2 years old. In fact one was 5 years old, as i previously advised on my other comment.
  • cristobal
    cristobal Online Community Member Posts: 984 Championing
    Mine was before 2018 as well I think - can't say for certain...

    I'd stand by my original post - best evidence, and as recent as possible..

  • skullcap
    skullcap Posts: 165 Contributor
    edited February 2020
    poppy123456 said:


    Nope, not correct sorry. My last PIP review was in 2016 and all the evidence i sent was used and some of it was more than 2 years old. In fact one was 5 years old, as i previously advised on my other comment.
    Based on the form that I have pre 2018, you appear to have gone against what it said. Still it was your good fortune that saw it used as evidence. Unfortunately I complied and lost some points.
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Tommyowens85 said:
    Hi guys, well... after a long 7 month slog with MR, and tribunal I’m delighted to say that I have won my appeal!! Paper based too as I couldn’t face attending the tribunal. Was so worried about not attending as I’m aware the win ratio is far less. But I have got full award for both parts! Words can’t express the relief and seems unreal at the minute. But wanted to thank you all for your sound advice and support. I may have given up long ago if it were not for that. 
    And remember everyone that paper based appeals CAN win 
    So happy to hear this @Tommyowens85!! Great news! :)

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