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FAILED @ PIP tribunral

g7iqjg7iqj Member Posts: 33 Connected
20+ YRS  Ago had accident @ work  did lot damage to my back  disc l4,l5 .  got awarded 10%  industrial injurys  had treatntment  did what they could.  had orhopedics surgeons report  statin damage .   Fast forward   2019   now 55  2nd degenrative changes  creeping in  mobility issues .  limited walking  20 - 50 meteres max / up to   1 min with out having to stop sit .  standing more 1- 2 min out sitting .   APPLIIEd  for PIP   turned down .  had MR  turned down  Had   tribunral   turn down .  Reason   given  by judge @ tribunral  quote is although i have mobility issues  , my evedeince  20 + yrs old  states the problem, cause not the out come.  More or less saying  that it does not back up my claim now 20+ yrs later   me with as i claim  mobility walking @ standing issues .  SO  as i see it  ive to get up to date eveidence to back up my claim .  IE up to date  orhopedics  surgeon report, spechialist ...  QUESTION   if i go back to my doctor   GP  request  this   WILL  i have to pay get charged for this report ????.  as last one 20 yrs ago was payed for private by then trade untion as  they were persuing   acciden t  claim agaist    ex employer .   THEN with up to date eveidence to back me up i should  then reply for PIP    start again  NOT sure if i have to  pay  FOR THE REPORT  FROM   NHS .  Any advice 

Replies

  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @g7iqj - writing letters for DWP isn't part of a GPs job - so if they do it they're entitled to charge.....

    What evidence is it that you want from your GP?

    Can you not explain the difficulty that you have, how far you can walk without pain/ having to rest, whether you fall, whether you can repeat it a little while later?

    I doubt that my GP could do this, without me telling her what to write. Yours may be different of course....

    Good luck anyway....

  • g7iqjg7iqj Member Posts: 33 Connected
    eveidence  from spechialist ie oprhopedic surgeon , to back up my claim due back problem  off 20 + yrs ago  the outcome  is now  2020  that it which it has  left me with mobility issues  ie limited walking   1 min 20-50 meteres in one go  standing  more 1 min  in turn affects your daily life ..    tribunral  had letter from my GP  stating of  dec2019  ive limited mobility as  above   has to be spechi;list report    just letter from gp not good enough it seems . 

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

    I see you posted about this in November last year and you were advised to request the statement of reasons and record of proceedings. Did you request these and then find someone to have a look?
    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.
  • g7iqjg7iqj Member Posts: 33 Connected
    lack eveidence to back up my claim   why i failed 
  • g7iqjg7iqj Member Posts: 33 Connected
    i take it  need up to date report  that simple   getting this report  be the issue 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @cristobal is correct, a GP will very rarely know how your conditions affect you. I'm assuming you didn't request the SOR after the Tribunal decision?
    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.
  • g7iqjg7iqj Member Posts: 33 Connected
     gave  me paper to say failed on the day    DONT UNDERSTAND     THIS   SOR ????   HOW I GET THIS 
  • g7iqjg7iqj Member Posts: 33 Connected
    as far i concerned  i just need to get  up todate eveidence   re applied  how i get this eveidence  is the issue who pays for it me/ nhs   ie the report 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If there's a charge for any reports written then you need to pay for this.

    For the statement of reasons then it's HMCTS that you need to request this from but because your Tribunal decision was in November then you could be too late to request this now.
    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.
  • g7iqjg7iqj Member Posts: 33 Connected
    was  not told   this by clark   all rush tare on the day  running behind  i had ask for expense  claim  destion notice   did not say about  SOR all i have is destion notice   saying that yes i have back issues they except this  however   resulting  limitations  insufficent  to score required   number off points  otherwords due lack up to date eveidence   did not back up my claim i can only walk  20-50 meteres /  standing more 1 min or so  with out sitting down . 

  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    A number of misunderstandings here I think. 

    1 - if you lost your appeal then any advice given as to why should not be read as an encouragement to make a new claim.

    2 - what the tribunal appeared to be saying was no more than you have no up to date evidence of functional impairment. You have assumed they mean medical evidence. I very much doubt that was what they meant at all. Your accident was 20+ years ago but your argument for getting PIP is a very poor one if it consists of little more than 20 year old evidence that you had that accident. 

    PIP have no reason to disbelieve that, not least because DWP presumably paid out for industrial injuries disablement benefit (a small lump sum if 10% was the assessment). What they actually disbelieve is that a 10% loss of faculty 20 years later impairs you sufficiently to secure any points in daily living or mobility. On the face of it that doesn’t seem an unreasonable argument unless you have strong anecdotal evidence to the contrary. 

    3 - at this stage it would be remarkable to find a medical professional willing to say definitely that your symptoms are a consequence of the original accident or of subsequent degeneration which may or may not have happened anyway. Frankly, there’s no point in looking. The only medical evidence you’ll need at this point is a brief statement from your GP to confirm that the original symptoms persist at minimum and, at worst, the degeneration (no matter what the cause) has added to that. It’s certainly not worth paying for and if you’ve seen your GP in the issue few years about this specific thing then all you need really is a copy to the last couple of years from your medical records. Under GDPR that won’t cost you a penny.

    4 - after that I’d get some good old face to face advice about the merits of a new claim. What points might you score for which activities; why and what are your examples if recent attempts to perform those activities? If you’re asserting that you have issues with standing and walking then give detailed examples of recent situations where that was an issue. What happened? Who was there? What happened next? If you can’t produce that sort of detail (let alone medical evidence of current symptoms) then you likely aren’t going to get a different outcome on a new claim.
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