PIP, DLA and AA
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Im lost for words regarding the bundle that was sent to me

ebeneeeebeneee Member Posts: 87 Courageous
Hi to all,
PLEASE HELP ME some good advice is really needed here, as im lost for words, so many lies written im now wondering if this really happened, eg i sent all consultation documents to tribunal numbered each page majority was from consultants i attend at hospital 23 i sent to be forwarded to the DWP when bundle arrived only two was mentioned and seen in the bundle  (i have photocopies), in the detailed report (The Bundle) e.g i wear memo remind around my neck to remind me of things to do.at the face to face assessment done in my home, i had reminder to call gp, to book an appointment to see nurse to have sutre taken out for the next day, but in the assessors report it said the memo reminder, was saying to switch off the cooker ? i wasnt cooking,  i had to call the support i had on the day to ask them if i was cooking, i knew i wasnt but just for confirmation, all 25 submission paged was filled with lies, another example, i was asked  by the assessor if i used the bath, i replied i have a shower sitting down on chair provided by O/T, as i wear an aero boot and also use a crutch for support, in the submission paperwork it said, that if i use the bath, i stand on my feet tip toe, as the pain in ankle and knees are very painful, i havent got a bath, i have a walk in shower, and i cant weight bare on my foot.........what do i do .....please help

Replies

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

    All that sounds like DWP giving their reasons why you don't qualify for PIP. Now it's your responsibility to prove which descriptors apply to you and your reasons why.

    Sending 23 letters from Consultants will only help if they prove how your conditions affect you against the PIP descriptors. If some of those letters were future appointment letters then they are of no use at all because they don't tell them anything about your conditions and how they affect you.

    If the letters prove how your conditions affect you did you check that none of them contradict each other? Sometimes less is more.

    Do you have help from a representative from welfare rights or a local law centre? If you don't then i'd advice you to try to get some help.
    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.
  • wilkowilko Member Posts: 2,324 Disability Gamechanger
    Poppy never mentioned about applying for MR, apply by phone and follow up by letter in the stated time frame on your award notification letter. 
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi Poppy 123456,
    Thank you for response consultation documents sent were diagnosis and what  test has been done, how to treat, also sheets of the condition supplied by the consultant and how it affect the body, eg i was under investigation for sever rosea from last year march after having two biopsys blood test done, change of medication (tablets as well as creams) i have now been diagnosed with Lupus the uncommon lupus which is en plaqe miia, also physio therapist letters what test where done, how many steroid injections ive received, the reason why i have had them to relieve pain around both knees, and the inflamation, all these vital information are missing from the bundle, i have support from Advocacy who i will be having a meeting with soon as Advisor from C.A.B wont be back in until new years Poppy 123456
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    wilko said:
    Poppy never mentioned about applying for MR, apply by phone and follow up by letter in the stated time frame on your award notification letter. 
    As the question is about the "bundle" then this is from the Tribunal, the MR has already been done.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @ebeneee sheets of information about how the condition affects the body (leaflets) is not classed as evidence at all. Information on how to treat is also not classed as evidence.

    The evidence you need are things that will prove how your conditions affect you. Every condition affects people differently.
    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.
  • ebeneeeebeneee Member Posts: 87 Courageous
    Thank you for response Poppy123456, i understand regarding the diagnosis, and medication given, i suffer with severe  lupus its affected my thyroid,its  all over my face(not the butterfly rash) its on my neck its in my mouth also in my eyes both eyes( i have poor eye sight), i also have builateal catarrachs in both eyes, this morning i woke up not feeling that great as i have to use gel in eyes, my eyes are blood red and things seem abit blurry, my head is pounding, and i feel sick, i am sitting down due to the fact i have poor mobility , i ve just had a  hot drink to see if this helps, i have  few medical issues  diabetes for example i dont know when my sugar levels go low, my other half asks if ive had something to eat few minutes time he will call me into the kitchen and theres a  jam sandwich made and a hot drink, thats when i know somethings not right, i also have ABI, i find it hard to go into detail how things affect me, and i think this is where the problem lies, i thank you for information well appreciate Poppy 123456.
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi Wilko,
    I have just read your message, i have gone through stages of MR, and now im appealing this by going to Tribunal, DWP sent the bundle a couple of days ago
  • scottysnanscottysnan Member Posts: 10 Listener
    Having similar problem with pip appeal. I asked for paper appeal in july. Just got letter from appeals asking for permission to access my GP records from when I first claimed pip in Jan 2016 and I must attend a hearing, but my GP has wrote that the stress and anxiety would eccsaserbate my angina which would cause a detrimental effect on my health. Which has been totally ignored. 
    My pip care component was reduced although when I filled in renewal claim form saying nothing had improved everything had stayed the same or got worse and other conditions added. 
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi Scottysnan,
    basically im going through the same thing as it was a review, i think its a good thing they have asked to assess your gp records, if your gp is thorough all will be documented  detailed, so maybe you might not need to attend hearing, fingers crossed for you  that it  all works out in your favour good luck, no body needs this  kind of headache.
  • scottysnanscottysnan Member Posts: 10 Listener
    I spoke to my GP as I am one of the lucky ones who has a very good GP. He is very supportive and has told me not to worry as my notes will probably have more information than I have probably put in the review.
    The trouble is I do worry as I have anxiety and stress which has now got worse and triggered my ibs with a vengeance and I have just spent 5 days in bed with it for the the 4th time in six weeks. This is why I am worried about having to attend a f2f appeal. 
    They do not realise how ill they are making people. My GP wrote a very strong and supportive letter explaining that the stress of attending a f2f could actually cause a heart attack as I have angina as well and they agreed to home visits and this is why I done a paper appeal.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A Tribunal will always prefer you to attend a hearing rather than do a paper based one. This is because they will want to hear it from you exactly how your conditions affect you and they can't always do this through just evidence alone. Appearing in person gives a much higher chance of a decision going in your favour, 71% chance compared to something as low as less than 8% for paper decisions. A significant difference is the success rates for the 2.
    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.
  • scottysnanscottysnan Member Posts: 10 Listener
    Yeah I would love to attend a hearing but when you are advised by your GP not to because of your health I am not prepared to make myself ill or even worse risk of heart attack it is not worth it 
  • YadnadYadnad Posts: 2,856 Member
    edited November 2018
    ebeneee said:
    I find it hard to go into detail how things affect me, and i think this is where the problem lies, i thank you for information well appreciate Poppy 123456.


    As Poppy has said PIP is all about you (1) describing how your life is impacted by those issues  then (2) matching all of that to the specific descriptors then (3) producing evidence proving that the impact(s) are all true. 

    That is the only way to get an award (that is if you score enough points from the descriptors you have chosen and the DWP eventually agree to them). Everybody has these problems and many are not fortunate enough to be able to obtain help to get all of that together. You just have to muddle through the best way you can.
  • mikehughescqmikehughescq Member Posts: 6,243 Disability Gamechanger
    If an appeal bundle read wholly in your favour there wouldn’t be anything to appeal. The DWP submission is mostly selecting from template paragraphs and is hardly going to be in your favour if the decision they made went against you. 

    Your issue is is as @poppy123456 describes. Your evidence is repetitive and focused on diagnosis, medication, treatment and prognosis. To win the appeal you need to focus on the exact wording of each activity for which you believe score points; forget medical evidence and focus on providing detailed examples which show you meet the requirements of the wording.
  • ebeneeeebeneee Member Posts: 87 Courageous
    Thank you Poppy123456, Yadnad, Scottysnan and Mikehughescq, Thank you all  for taking time out to read and respond to my plea, if i had seen the scope site and asked for support, i dont think i would be going through this, ive taken all on board and hopefully can state how my disabilites affect me to be able to qualify for the full p.i.p, i have to look at it in assessors way other than medical evidence provided, to be able to show that i meet the discreptors...............the funny thing is i should know how to look for evidence i was once a qualified assessor, due to having a fall and hitting the back of my head i now have ABI (acquired brain injury), things dont come natural to me.....Thank you very much for support 
  • YadnadYadnad Posts: 2,856 Member
    .........forget medical evidence and focus on providing detailed examples which show you meet the requirements of the wording.
    I know I may be labouring this subject but to be honest I just can't get it to sink in.

    As you know my wife claimed AA years ago and it ended up at a Tribunal. With her being incapacitated and in bed poorly I went, as her carer,  to try to explain why she was entitled to an award. 

    I was asked many questions by all three members of the panel and to put it bluntly they decided that she was not entitled to anything. OK I gave it my best shot for her.

    But what really got to me was what the Judge had put in his reasons. He said that I was a person of little or no integrity and someone with no credibility.
    I was totally truthful in all of my replies to the questions, in part, probably too explicit.

    So if in the eyes of a Tribunal I had little or no integrity and credibility how for the life of me would it be possible for me to give explanations and examples for a PIP review and expect the DWP to believe everything I claim without independent evidence? That's the bug bear that I have. Following that fated claim for my wife I lost all faith in all future benefit claims that I have made since. Maybe that is why I have always had a 0 points decision - I don't even believe myself anymore.

    And suggesting that I seek welfare rights help is a no no as you know - there are no centres around where I live that I haven't tried before and got nowhere.
  • mikehughescqmikehughescq Member Posts: 6,243 Disability Gamechanger
    Tribunals went through a period of getting away with the credibility argument but caselaw has since been very clear that they need to say why and need to put the point during the hearing.
  • YadnadYadnad Posts: 2,856 Member
    Tribunals went through a period of getting away with the credibility argument but caselaw has since been very clear that they need to say why and need to put the point during the hearing.
    Well I never knew that. Mind you the hearing was over 6 years ago.
    It has left me doubting my own honesty, integrity and credibility - if the courts think that of me have I been deceiving myself for all these years and why should the DWP believe anything I say or do, thought.

    This is difficult really with people like yourself you can be on the ball, and point out the tribunal's errors. I haven't got a clue about any case law appertaining to the benefit system hence why I place utmost importance on what the DWP say and write on their forms and in their guidance notes - obviously it is the only source of advice open to me.
  • mikehughescqmikehughescq Member Posts: 6,243 Disability Gamechanger
    There’s no connection between the view a tribunal take of your evidence and what you subsequently put on a form.
  • YadnadYadnad Posts: 2,856 Member
    edited November 2018
    There’s no connection between the view a tribunal take of your evidence and what you subsequently put on a form.
    I agree, but the whole thing knocked my confidence when applying for subsequent benefit claims. I just can't shake it off - always thinking that my efforts in making benefit claims will always be doomed to fail - will I be believed?

    This and the three PIP claims which were refused which confirmed my thoughts has left me with no hope for the future.
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