PIP, DLA and AA
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Fighting alone

barry65barry65 Member Posts: 6 Listener
edited December 2019 in PIP, DLA and AA
I have been mentally haunted since 2015 when i lost my pip appeal in court , only years later to find my medical records had been mixed up with someone who is alcahol and methadone dependant , when asked the question in court am a i still alcahol and methadone dependant i answered no........in the court report it stated that i had lied answering this question as they had proof of this in a phsycologists report which he had copied from my medical records which were not mine, its taken me years to fight this alone and finally got an apoligy from my gp surgary but no one else , not sure how to fight this injustice as my health has detereated with the help of this cruel system.

Replies

  • barry65barry65 Member Posts: 6 Listener
    If anyone has any advice id be very grateful 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    I'm a community champion here on scope. If the decision of the Tribunal was in 2015 then i'm afraid you are outside of the maximum time frame which you can do anything about this now.

    You could start a new claim for PIP, if you're not currently claiming it but before starting a new claim i would get some face to face advice from an advice agency near you and they will help you through the process of that new claim.
    Community champion and 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.
  • barry65barry65 Member Posts: 6 Listener
    I went to see my local MP with the problem and weeks later my pip was put back to the enhanced rate of motobility so ive been on this rate for about 8 weeks now,so dont need to reapply........but its the hell i went through , through no fault of my own.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm sorry to hear it caused so much stress but unfortunately you are still out of time to do anything about that claim in 2015. Try to relax a little now that you have an award.
    Community champion and 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.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Welcome to the community @barry65! Thank you for taking the time to share this with us and I am really sorry to hear about all the stress this has caused you. 
    Community Partner
    Scope

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2019
    I don't appreciate you posting on my wall that i wasn't helpful.

    I have deleted the comment you made on my wall. I will make no further comments on your thread but i wish you good luck.
    Community champion and 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.
  • barry65barry65 Member Posts: 6 Listener
    You missed my point .......i have been treated unlawfully and i was seeking advice , i was not seeking someone to tell me to relax . I reallise now this was the wrong place to come for advice .
  • GeoarkGeoark Community champion, Scope Volunteer Posts: 1,347 Disability Gamechanger
    Hello @barry65 and welcome to the community.

    If you are looking for advice it helps if you can be clear what the circumstances are and what you are looking for advice on.

    You say you have received an apology from your doctor, is this because the wrong information was sent to the tribunal? If so the tribunal made its decision based on the information supplied to it by your GP. Is this what you are considering as being treated unlawfully?

    It is unfortunate if a clerical error by your GP surgery resulted in the wrong information being supplied to the Tribunal, but that is not the Tribunal's fault. 

    Potentially the surgery was in breach of the Data Protection Act 1998 if this is the case. If you wish to take this further then you would need to make a complaint to the Information Commissioners Office. https://ico.org.uk/make-a-complaint/

    If the information supplied clearly indicated that the information was for another patient, ie completely different name this should have been reasonably picked up by the tribunal and  questioned. As @poppy123456 pointed out the usual recourse has passed its time limit. If you wish to take this further you should be seeking legal advice. If you google legal advice centre and your county you should be able to find someone who can help you.

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • cristobalcristobal Member Posts: 965 Disability Gamechanger
    @barry65 - I tend to agree with @Geoark

    It seems that someone at your GP's surgery has made a mistake, for which they have apologised.

    I don't believe that you will get an apology from anyone else - as it wasn't them that made the mistake.

    Do you have some idea in your own mind of what redress you are seeking, and from whom?
  • barry65barry65 Member Posts: 6 Listener
    Phsyciatrist for one .........plus my standard of life and health suffered aand they only apoligised after years of me asking for one which cost me £30 to see my records.
  • barry65barry65 Member Posts: 6 Listener
    5years of being on the wrong benefits .
  • GeoarkGeoark Community champion, Scope Volunteer Posts: 1,347 Disability Gamechanger
    @barry65 as the mistake was due to an error by the practice I would speak to the practice manager or reception about a refund for the £30 to identify their mistake. If you paid for the original documents to the tribunal, or as evidence for your claim, then you could reasonably request this to be returned as they failed to provide the correct information.

    Also have a word with the surgery as there should be an online service you can use to access your health record, which is free to use. The practice should give you a list of providers and some information you will need to access them. You will probably need to provide photo id before they give you this information. The surgery will be able to confirm what evidence you need. 

    You can contact The Patients Association to find out how you can take this further if you want to. You can find out more at https://www.patients-association.org.uk/helpline

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

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