PIP, DLA and AA
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Received PIP claim without the medical records from my DLA claim

rbzrbz Member Posts: 96 Courageous
When completed first stage PIP claim form I marked:
'I want to see all the medical evidence from my DLA claim before I decide'

Today I received letter from DfC with second stage PIP claim form, but there not included the medical evidence from my DLA claim and no information why medical information not included.

Need again contact DfC and ask for the medical evidence or they always send Claim form and the medical evidence separately?

My DLA claim ended November/December 2018

Replies

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

    You can request all the information held about you by contacting DFC by email. See link for information. https://www.communities-ni.gov.uk/right-access-request

    Whether or not you'll be send copies of the evidence you previous used for your DLA claim, i don't know but you can request for your DLA file to be used for your PIP claim.

    Have you applied for PIP previously and were refused, which is why your DLA ended a year ago?

    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.
  • rbzrbz Member Posts: 96 Courageous
    edited November 2019
    @poppy123456
    My DLA ended on November 2018 and I not awarded PIP because of incomplete and wrong PIP assessment report.
    At this moment Independent Case Examiner working with this matter. Unfortunately they are very busy and at this moment working with cases dated August 2018 (I contacted September 2019) 

    PIP Appeal hearing was on September 2019, but I not awarded enough points for PIP claim.
    At this moment awaiting for Statement of Reasons from Appeals Service.
    I believe they not take into account all details about my problems during dayliliving, so I will go to Upper Tribunal, because I not awarded points in some descriptors where normally people with hearing loss must be awarded some points.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You will only be able to take it it further if an error in law has been made. If that's not found then that's the end for the claim, unfortunately.
    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.
  • rbzrbz Member Posts: 96 Courageous
    edited November 2019
    @poppy123456
    I know about that.
    I already have all evidences which completely abolish PIP assessment report, also I think I can beat any argument from Statement of Reasons.
    Anyone know source where possible read PIP Appeal decisions online.
    I want find similar cases like my and read why some persons awarded PIP after Tribunal or Upper Tribunal.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's not about the PIP assessment report now, it's about the Tribunal decision.
    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.
  • rbzrbz Member Posts: 96 Courageous
    @poppy123456
    During Tribunal hearing, panel members was concentrated on information from PIP assessment report.
    For example minimum 5 times asked same question about my job type which on PIP assessment report was stated incorrect.
    Tribunal clerk won't accept letter from employer where stated exactly information about my job type.
    Also my medical records show that I must be change job type because of health conditions.
    Tribunal panel members ignored all information from me and my employer.
    I changed job June 2018.
    PIP Assessment was on November 2018.
    And assessment report not contain any information about my job June 2018.
    There are more problems with Tribunal hearing.

    Paperwork from DfC to Appeal Tribunal contain information that I have problems with Reading and Writing, also with one more description where never had any problems.
    I reported about that Appeal Tribunal, but nobody cares that paperwork from DfC - inaccurate.
    So where I can place complaint against problems with DfC paperwork to Appeal Tribunal?
    Seems nobody from DfC read my case before Appeal Tribunal.
    I want get response from DfC why DfC staff make errors onto paperwork to Appeal Tribunal.

  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @rbz - I have't been to a tribunal myself but to appeal to the upper tier I believe that you have to have an 'error in law'...

    Is it worth getting face to face advice on this as it's a specialist thing?

    Also they might advise you about the change of job etc as PIP isn't about whether you work or not...

    Good luck - I hope there is someone not to far who can help ...
  • rbzrbz Member Posts: 96 Courageous
    edited November 2019
    @cristobal
    At this moment I awaiting for Statement of Reasons.
    I want read why Tribunal panel decided not award any points under Bathe and washing ( can't remember exactly description name) even my hearing loss don't allows do this activity safe, because I can't hear smoke alarms and etc during this activity.
    Our local CAB advisor not skilled to help during Appeal Tribunal, so they can't help with Upper Tribunal.
    In my case I can claim PIP, but needs good representation.
    I already ready for new PIP assessment. Obtained interview recorder, so expect eliminate possibility again create wrong PIP assessment report.
    Obtained new medical records. 
    Investigated previous claim problems and try avoid previous mistakes caused by Capita Disability Assessor which report don't allows claim PIP.

  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    edited November 2019
    @rbz - as you say you'll need the statement of reasons to help you.

    If you can physically take a bath and shower then perhaps the panel decided that this was safe? Is it worth explaining how you manage, if you haven't already??

    Good luck anyway with your appeal ... 
  • rbzrbz Member Posts: 96 Courageous
    edited November 2019
    @cristobal
    Already 11 weeks awaiting for Statement of Reasons.
    Panel members was advised about every problem during my daily living.
    But during hearing panel members always pointed why PIP assessment report not show that, also pointed why I not discussed with my GP about problems with bathe, dressing/undressing.

    Panel members ignored facts that during 10 minutes appointment impossible discuss about problems during my daily living.

    I know plenty samples where claimants awarded points for bathe and washing because they can't hear smoke alarms during activity.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no timescales to receive the statement of reasons, the Judge will only do that when they have the time to do it.

    A poorly presented case will often lead to refusal. This link will help you find what other advice agency is local to you for face to face advice. https://advicelocal.uk/

    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.
  • mikehughescqmikehughescq Member Posts: 5,733 Disability Gamechanger
    I’m a little confused here. There is no question in the conversion process for a claimant to see their DLA evidence. The question is solely about whether you want a decision maker to have sight of that evidence.


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