Waiting for pip tribunal. I thought from x-ray results and sick notes they'd see I'm going downhill — Scope | Disability forum
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Waiting for pip tribunal. I thought from x-ray results and sick notes they'd see I'm going downhill

trixie2013
trixie2013 Member Posts: 13 Listener
edited January 15 in PIP, DLA, and AA
I keep sending medical evidence x ray results and long term sick notes to pip. They respond with a letter saying they have received new evidence but it does not show any change in how the disability affects me.
I thought clearly they should see via the notes that I must be going downhill not better 

Comments

  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    Sick notes are not classed as evidence for a PIP claim because PIP isn't about not being able to work. X rays are not the best evidence either because it's not going to tell them exactly how your conditions affect you against the PIP descriptors.
    Also do be aware that the Tribunal will not take into consideration any worsening of condition since the assessment took place.
  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    If you haven't already clearly stated where and why you think you should have scored those points, giving a couple of real world examples of what happened the last time you attempted that activity for each descriptor that applies to you. Include information such as where you were, what exactly happened, did anyone see it and what the consequences were, then you'll be better off spending your time doing this. This can be sent for your submission and should be sent to HMCTS and not DWP. Much better doing this than to continue to send evidence which isn't going to be helpful.
    Fit/sick notes are for benefits such ESA.
  • trixie2013
    trixie2013 Member Posts: 13 Listener
    I really don’t know why I’m bothering them as it is clear that the condition has got worse.
  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    Even if you started a new claim, a worsening of condition must be present for at least 3 months. A worsening of condition doesn't mean you'll automatically be able to score more points. You still have to fit the descriptors to be able to score the points needed for an award.
    At this stage i'd advise you to get some expert advice from an agency near you. Start here. https://advicelocal.uk/

  • mikehughescq
    mikehughescq Member Posts: 8,295 Disability Gamechanger
    edited January 15
    But “getting worse” is not relevant as they’re only going to look at what you were like on your date of claim. Getting worse is also not relevant more generally for PIP. Plenty of people get worse but what matters is whether that triggers more points than you currently have. It’s neither unusual nor necessarily wrong for someone who has gotten worse to not score any more points. The focus you need to have as is @poppy123456 described.
  • trixie2013
    trixie2013 Member Posts: 13 Listener
    I will give up as I’ve been honest to the end, not lied about how it affects me there is nothing more to be done. I asked my doctors if I could have a letter from them saying how I am, they don’t get involved in claims. I have gone from being able bodied to reduced to using a walking stick wheelchair and mobility scooter all paid for by myself. I can do no more but thank you for your help and advice, this is why genuine claimants give up, my workplace will not allow me to work due the nature of my employment 
  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    PIP isn’t about being unable to work. It’s entirely your decision whether you carry on with Tribunal or give up. We also can’t tell you whether you would score enough points needed for an award because we don’t know anything about how your conditions affect you. 
    If you haven’t given those real world examples then you haven’t done everything you can do. 
    You’re focusing on the wrong things which is also wasting your time. A letter from a GP isn’t the best evidence either because a GP will not spend any time with you to watch you dress/undress, prepare a meal, wash/bathe etc etc. 
  • trixie2013
    trixie2013 Member Posts: 13 Listener
    But when I’ve told the assessor this in the first place and she decided I could do it I cannot carry on its pointless and I see why people are at the end of their tether just trying to prove themselves I have even begged for them to see me in person but they only want to do telephone calls or video calls this is no good how can they get a correct picture of my daily life 
  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    The assessment is done and dusted now, you're at Tribunal stage. The only way they can get a true picture of how your conditions affect you is to give those real world examples, have you actually done this? Just telling them you can't do something isn't enough.
  • mikehughescq
    mikehughescq Member Posts: 8,295 Disability Gamechanger
    On the other thread at https://forum.scope.org.uk/discussion/87029/im-at-tribunal-stage-got-a-letter-saying-position-remains-unchanged-what-does-this-mean#latest you say you’re worried about his you’ll pay your bills. In that context, giving up seems an odd thing to do. What do you lose by carrying on tribunal. 

    Equally you were advised twice on the other thread to seek advice. Is there some reason you’ve not done that. 

    Bottom line here is that you appear to think PIP is about something it isn’t and have proceeded accordingly. It’s not too late to get back on tack and likely win your appeal but you need to be proactive and act on the advice given. 
  • trixie2013
    trixie2013 Member Posts: 13 Listener
    Well thanks but I’ve now given up 
  • poppy123456
    poppy123456 Member Posts: 25,651 Disability Gamechanger
    We are trying to help you here by advising you on the things you should be doing and the things that aren't so good. We can only point you in the right direction, we can't do it for you. Waiting times are no where near as long as they were before the pandemic, which is a very good thing.
  • mikehughescq
    mikehughescq Member Posts: 8,295 Disability Gamechanger
    People who give up on this scenario face a predictable outcome, especially if the money is important. You’ll leave it at least 6 months, maybe up to 2 years, and then decide, rather than resurrecting this claim and getting full arrears, that you’ll make a new claim. That claim is is conducted as per this one i.e. a focus on medical evidence rather than detailed anecdotal evidence. The outcome is that the claim fails and you’re either off to MR again, with an equally predictable outcome, or you give up all over again. 

    Save yourself the obvious. You’ve done the hard work and got this to appeal. Now get competent advice and representation for the appeal and use the remaining time before listing wisely in order to put together a submission which addresses the anecdotal aspects of your claim. 

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