New PIP claim refused, old claim pending 2nd FfT Tribunal - Page 2 — Scope | Disability forum
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New PIP claim refused, old claim pending 2nd FfT Tribunal

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  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    edited June 2020
    Hi @louangel311 - I have followed your posts, as I do several, in order to learn more. Whilst I only ever got to a Mandatory Reconsideration level, rather than a tribunal, I hope it's OK for me to respond.
    I'm a physio, tho I qualified as such a long time ago. When I had my first PIP assessment it was with a nurse that appeared to not like physios (it happens), & she said, 'I know all about physios, I hear the cries of pain from their patients'.....the assessment room was next door to a physio department. When I started to say, 'No, it shouldn't be like that', she interrupted saying she was only joking. Hmmm....well that wasn't a good start. Presuming that a nurse of 20+ years would understand, I later said to explain some of my physical problems, that I had ulnar collateral damage, also damage to my right flexor pollicis longus, etc...... & I saw a glazed look in her eyes. I asked if she would like it explained more simply, which she did.
    My point is, I had to take my 'physio hat' off then, as it wasn't helping, altho I'd thought it would. Perhaps as Mike has been at pains to say, you just need to be the claimant that describes the problems you face.
    I was asked about my medication, & reiterated what I'd said in my initial claim form that my previous GP had tried me with many that were either ineffective, or caused disabling side-effects. That I'd been on high dosages of Fentanyl patches, but had decided to slowly wean myself of them due to sedation, & other side-effects.
    My current GP offered to help me with PIP (I didn't have to ask), & wrote a supportive letter, saying that pain medication was largely ineffective in those with my disorder. He also detailed my mobility problems, as well as describing how my right arm & hand had been permanently damaged. In your case also a letter from your GP may help. Mine also said he would send me a copy of it, & if any corrections were needed he would apply them.
    Again, the point that either having treatment that hasn't worked, or that you're on a lower level of meds than might be expected is all relevant, if you can bring it all together describing why. With PIP it's all about your individual response, as people with the same condition are often likely to be affected differently. You need to tell your own individual story.
    I've done a lot of research into the problems that our family has had; one Dr. helped; others not, but I learnt I have to work with them to 'educate' them. So with PIP, no matter what you know, & however imperfect the system is, you have to go with it, explaining your functional disability.
    My best wishes for next week, & just to add I hadn't seen any specialists for over a decade as they were unable to help. I only had my testimony & that of my GP.

  • cat_hug
    cat_hug Community member Posts: 161 Pioneering
    Best of luck Louise with your hearing. Some great advice here. Xx
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  • cat_hug
    cat_hug Community member Posts: 161 Pioneering
  • Alf
    Alf Community member Posts: 4 Listener
    I have also just had my claim declined. They gave me 2 marks for having a overlay. They seem to ignore all evidence I gave. I'm going to appeal. My claim was for autism, dislexia and anxiety and I know I should of got marks on most the questions 
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Best of luck today @louangel311, there's not much I can add to the brilliant advice you've already been given, but as others have said, take your time to reply. I really hope it goes well and please let us know how you get on. 

    @mikehughescq, good luck with the appeal you're repping, it'll be interesting to know whether they manage to bring you into the call.
    Community Manager
    Scope
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Congratulations. Pleased you had an understanding panel. :)
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    This is amazing news @louangel311!! Thank you so much for letting us know. Really please for you. :)
    Scope

  • katho31
    katho31 Posts: 692 Pioneering
    hi chloe, theres a post from a male who wants help
  • adamskis
    adamskis Community member Posts: 67 Pioneering
    That is fantastic news.
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  • cat_hug
    cat_hug Community member Posts: 161 Pioneering
    Hi Louise (and Hi too Mike:-)
    I am so so thrilled to hear you have won your appeal! This gives me hope as I felt that your situation resonated very loudly with my own.

    We talked a while back about 'intelligence getting in the way of appeals etc'. Feeling pretty despondent today, as my request for leave to appeal to UT was rejected.

    Im aware that I can still write and ask the UT directly now, for leave to appeal and pray that they will read the case file and apply the law appropriately.

    The judge at my FTT definitely did not like me at all. She was clearly peeved about my case being 'well presented' and this was even mentioned in the statement of reasons (as a point against me). The annoying part is that I am one lousy point away from being awarded DL of Pip. I had 5 points before FTT and gained 2 at the tribunal. It really does feel like one step forward and 2 steps back.

    Anyway, I'm digressing. Just wanted to say a massive blooming WELL DONE YOU and congratulations on a sound result. Thank you so much tto yourself and Mike for sharing your situation and your knowledge.

    Believe me when I say, it really does help. 
    I'm sure there are many others who, like myself, are going through the emotional roller coaster that is the whole DWP process, especially where Pip appeals are concerned. Its heartening to know that there just might be light at the end of the tunnel, that isn't the light of an on-coming train!!

    Thank you and bless you.

    Big hug and best wishes

    Cat x 
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  • katho31
    katho31 Posts: 692 Pioneering
    Wow thats amazing so very pleased for you @louangel311 :)B) you did it!! well done and chill now, and get yourself something nice treat yourself, never stop fighting, yes and scopes helped me also and many more, best wishes xx
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  • poppy123456
    poppy123456 Community member Posts: 53,359 Disability Gamechanger

    I've been a way from the forum for a few months and returned just a few days ago. I've been reading you thread for the past half hour or so and i have say wow! I just love this. This just proves to those fighting that you should never give up, ever! Well done and great news on the new claim decision changing too!

    @Username_removed I realise there are some members that have taken a dislike to you, even though you've done your best to advise them. Although i must admit some of the comments i've read from others are a little harsh, to say the least. I've always said that it's very easy to misread what someone is trying to say through a text message and very often this is the case here.

    I've been advising on the community for a long time and i must admit, i've never come across anyone with as much knowledge as you. Scope needs people like yourself. If others don't appreciate your straight to the point honest advice, i most certainly do. The advice here is just incredible! I just wanted to personally thankyou for your contribution here on the community. I've learnt a lot from you over the years and i'll carry on learning. Just amazing, thanks once again!
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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