PIP, DLA and AA
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PIP MOBILITY TRIBUNRAL

g7iqjg7iqj Member Posts: 33 Connected
HAD my PIP  tribunral yesterday @ bristol . age 55 had accident @ work over 20 yrs ago   left me permintient disabilty  damage to lwr back spine  degenervative . .  treatable, not curable  awarded 10 % spine issue industrial  injurys for life  . Orthopedic surgeons   report  back 1999  stating  how accident damaged left my back spine .  over years had treatnment  to keep me mobile  take iburofeon as required  500mg , turmeric  psyomassage , reguar jaquzzis, steam baths . HOWEVER  last 2, 3 years as dengenrative nature injury , i now find  standing  upright  in ques  for more 1-5 min very pain full have to sit down also so i stand start wailking the pain goes 2 out 10 up to about 7-8 out 10 if i try walk  more than 20 meteres bottom garden back  if i push it to 50 meteres  9-out 10 pain scale .  SO  i applied for PIP MOBILITY    dec 2018 jan/  refued by DWP  jan 2019  , march 2019 applied  got approved by tribural   tribunral   24 oct 2019  .  i got turned down  up held DWP  DESTION .  Reason  my eveidence  ortopedic surgeons report  20 yrs old  not current , although as judge, chairman  said  yes i have back problem  not issue . However the report  as my back as degenerated  to point my mobilty  walking is limited in 1 go to stoping ever 20-50 meteres MAX , standing up right  1- 5 min with out sitting  due excess pain  this was not mentioned in the report to back my claim up only that the condition is degenrative  not pacfic.   SO it looks like i have to go back to my GP  ref to /  see spechialist / orhopedic surgeon  get up to date report  to say that @ 55 now ive degenerated  to  stage  were  i have limited  walking mobilty to  approx 20 meteres in one go with out sitting also standing for more than max off 5 min .  START  PIP  allover again  the man from DWP sat there with big smerk on his face  

Replies

  • g7iqjg7iqj Member Posts: 33 Connected
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @g7iqj, I am really sorry to hear this! I imagine you are very frustrated!

    You may be able to apply for an upper tribunal, here is some information about that

    You will need to request a copy of the statement of reasons. If there is anything else we can do, then please do let us know!
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    Scope

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  • wilkowilko Member Posts: 2,266 Disability Gamechanger
    Hello, this is prove that we, you, and I must have and submit up to date diagnosis, treatment or physio reports to support our PIP application. Those of us due a renewal or a review should be thinking about getting collecting and updating our records regarding information needed or required for an assessment. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm sorry to hear this. I would urge you to get some face to face advice because to constantly re-apply using the same evidence and presenting you case in the same way will very likely see you being constantly refused.

    May i ask if there's any reasons why you haven't mentioned the daily living part? PIP has 2 parts and you can't just apply for one part. Have you looked at all the PIP descriptors to see where you could score points in the daily living part?

    Having some understanding of the PIP descriptors and what they mean will definitely help you. Have a read of this link and it will help you https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

    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.
  • g7iqjg7iqj Member Posts: 33 Connected
    wilko said:
    Hello, this is prove that we, you, and I must have and submit up to date diagnosis, treatment or physio reports to support our PIP application. Those of us due a renewal or a review should be thinking about getting collecting and updating our records regarding information needed or required for an assessment. 
    Basaically  yes because  the judge said to me  no doubt  i have @ backcomplait , however my eveidence  being 20 yrs old , was not current , therefore did not back up my current claim  @ time off applying for PIP , 6 MOUTHS B4 .   OPTION is to get current  orphopedic surgeons report    despite my report 2000  saying my conditoon  is for life @ is degenrative . 
  • g7iqjg7iqj Member Posts: 33 Connected
     Have start all over again  CURRENT UP TO DATE REPORT  will back up 2000 report that my condition is ongoing for life @ degenrative . 
  • mikehughescqmikehughescq Member Posts: 5,769 Disability Gamechanger
    You absolutely do not have to start all over again and as has already been stated there are credibility issues if you do so. Your next step is to request the record of proceedings and a statement of reasons and then get face to face on whether an error of law can be identified to allow you to get this to upper tribunal. It’s usually not hard but will need face to face advice. Most tribunal decisions contain an error of law. It’s almost impossible to do otherwise. In the meantime, to dot the i’s and cross the t’s go and get yourself a new report.

    It’s hard to say having not being in the room but my experience tells me that what the tribunal were saying was less about the report you presented and more about the lack of up to date anecdotal evidence to support it. They’re saying that they can’t reconcile your description of your mobility now with the old report you presented. The problem is less the old report and more the extent to which things have degenerated and whether that’s credible in light of one medical report apparently being your only medical evidence.


  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @g7iqj, how are you doing?
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    Scope

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  • g7iqjg7iqj Member Posts: 33 Connected
    You absolutely do not have to start all over again and as has already been stated there are credibility issues if you do so. Your next step is to request the record of proceedings and a statement of reasons and then get face to face on whether an error of law can be identified to allow you to get this to upper tribunal. It’s usually not hard but will need face to face advice. Most tribunal decisions contain an error of law. It’s almost impossible to do otherwise. In the meantime, to dot the i’s and cross the t’s go and get yourself a new report.

    It’s hard to say having not being in the room but my experience tells me that what the tribunal were saying was less about the report you presented and more about the lack of up to date anecdotal evidence to support it. They’re saying that they can’t reconcile your description of your mobility now with the old report you presented. The problem is less the old report and more the extent to which things have degenerated and whether that’s credible in light of one medical report apparently being your only medical evidence.



     hELLO MIKE   you correct  what judge said , was not problem i got  disabilty . However   ALTHOUGH  the report says life time condition / degenrative . NO  current  evedeince  ie circa 2018/2019   to confirm what i was claiming / to back report up .  so she upheld DWP DESTION.     basically  back to my gp   get refural  to orthopedic surgeon ,  poss more  xrays /  mrsi   get report to my condition as off now 2019 is current on going  upto date effects  its not i cant walk stand but i have walking radius up to 20 meteres  range  stop rest back do max another 20 meteres  also standing  in ques in shops  limited to 2-5 minuites b4 i have sit down . . i would say  i degenrated to this stage last 2, 3 years .   iam still waiting  for full court report they only gave me 1 piece paper on day  say my appeal unsussessfull .   what every happens i will be applying again. 
      
  • g7iqjg7iqj Member Posts: 33 Connected
    iam ok thanck you . 

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