PIP, DLA and AA
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finally have evidence but in process of tribunal, will the dwp look at it before tribunal now?.

moonieshinesmoonieshines Member Posts: 10 Listener
edited January 2020 in PIP, DLA and AA
Hi all, 

I werent able to provide evidence when I first applied for pip as I was waiting for different appointments etc. I had a xray n doctor said there was nothing wrong with my hip even tho I've been in agony and not able to move around. He sent me to a specialist, the consultant looked at my xray n immediately said I have a big piece of my hip bone missing. Which is why I'm struggling to walk n in so much pain. He diagnosed me with hip dysplasia. I then had to wait another 3 weeks for an apt which they cancelled so had to wait another week. In that time I'd had my assessment I had shown them the letter showing them when my specialist apt was which was at the end of the month. Anyway, the week after my assessment they said I was fine because I could sit down they literally pointed that out in every question. so zero points. So I did the mandatory reconsideration and they said they need more evidence n that I had 10 weeks to get it in. I again told them when my specialist apt was, they got back to me within 3 weeks, just before my apt n said same. No points.

So I've had to go through tribunal. I recently got my evidence from my doctor on diagnosis, so I was able to send that off with my partners statement.

So question is do I need to send the evidence to pip people as well or will they see what I've sent to the tribunal? As I'm still waiting for dwp to reply.
Also now they have that evidence will they make a decision before the tribunal?

I have had a look on here for my question but I cant find exactly what I'm looking for.

Thanks in advance.


Replies

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

    PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. Any extra evidence needs to be sent to HMCTS and they will send it to DWP.

    It's rare for DWP to offer an award before a hearing date but it can happen. My advice is to expect the hearing to take place and if you do get an offer then it's a bonus.
    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.
  • moonieshinesmoonieshines Member Posts: 10 Listener
    Thankyou. Yes I've heard that too but I was asked by the tribunal to send a letter from my doctor with my diagnosis and how its affecting my daily life and what medications I'm on and a statement from my partner on how it affects my daily life from his point of view too.

    I'm not sure what else I can provide tbh or if it is enough. As that's all it says to provide.

    Thanku for ur reply. :)








  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Your submission stating where and why you think you should have scored those points, with at least 2 real life examples of what happened the last time you attempted that activity for each descriptor that applies to you should also be written.
    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.
  • davetdavet Member Posts: 77 Courageous
    my experience of communication with the tribunal is yes, anything you send to them is sent to DWP, however again from experience, I have found that the DWP tend to ignore letters from GP's and specialists, I am unable to walk more than approx 10 steps without having to stop due to pain, DWP said they have no medical evidence to support this
    despite my sending a copy of my GP letter confirming this twice and when I sent it a third time it was simply ignored

    On the plus side, I have had two tribunals and have found that those carrying it out tend to be more human that the faceless DWP and are more willing to listen
  • mikehughescqmikehughescq Member Posts: 5,980 Disability Gamechanger
    I suspect there’s been a series of misunderstandings here from the MR stage onwards. At the MR stage people are often told, totally wrongly, that they have no chance of success unless they can provide new evidence. They often go on a wild goose chase fir something they don’t need and for which there’s no legal requirement. An MR is just that. A reconsideration i.e. a look again at what you already have. You can of course put in additional evidence but the success rate remains at 16% and there’s a strong argument that you’re better off focusing on the eventual appeal. Now, onto the second issue. 

    If you have additional evidence for an appeal you send it into HMCTS and it is added into the appeal bundle, numbered and circulated to all parties. The sheer pressure on appeal teams mean it’s unlikely they’ll look at anything additional pre-hearing although a set number are pulled out for random review. The most likely outcome is that the DWP presenting officer will get their first sight of the full bundle days before the hearing or on the day itself. Increasingly they have to ask panel members for a copy on the day too when theirs hasn’t arrived. The DWP PO is often not a member of the appeals tram itself.

    A decision can be reviewed at any time prior to hearing but if you actually want that to happen then as well as sending the evidence to HMCTS you need to send it under separate cover to DWP and 

    1 - ask them formally to review it.

    2 - have submitted evidence which really is a game changer. More of the same really won’t cut it. 
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