Further evidence after pip MR

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Long story short 

I had pip assessment failed

Mandatory reconsideration failed got decision letter last Friday 

Since I had MR letter,

 last Sunday I went  to A+ E then admitted straight away to hospital where I have undergone emergency scans and put on IV  drips I'm still in hospital now doctors are trying to avoid surgery .

Ok without going into detail this hospitalisation I'm in now is just further evidence that I have a condition that the pip assessor denied on her report and told lies as the condition affects my daily living condition and thus the points I should have received .

My question although this hospital admission which I  am in now which i may add i went through A + E was life threatening

can I use this as evidence when I go to tribunal even though it's evidence after the pip assessment but it's completely related and proves beyond doubt that the assessor told lies on the report .

The condition im in now is a worsening condition of what I already have which the assessor denies i had 

Hope this makes sense 

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  • Posted

    Hi Paul really sorry to hear your in hospital, I hope that with care you can avoid surgery but if it will improve your condition and its nescassary then maybe it will be the only option.

    I can't see why you cannot use the new evidence as its part and parcel of your condition and reflects on how it impacts on your quality of life.

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  • Posted

    Hi,

    Sorry to hear of your hospital stay, and hope you feel better soon.

    As this condition you're in hospital is a worsening condition then i'm afraid you wont be able to use that evidence at your Tribunal, they won't take it into consideration even though you had that condtion at the time of assessment. You can only use evidence that proves what you were like at the time of your assessment, if you see what i mean.

    Just remember though that the Tribunals are very fair and will let you speak and tell your story exactly how it is. They'll ask you questions about your daily life and are nothing like the DWP or their HCP's. For a favourable decision it's best to attend in person as you know. Good luck.

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    • Posted

      I don't think you understood what I meant Denise .

      I have been hospitalised with a worsening condition that I already have had for a long time but he assessor claims that I did not even have the original condition .

      The condition I have now could not have happened if I had not had the original condition in the first place .

      The fact that I have been hospitalised proves that I had the original condition in the first place and that the assessor has lied as she said I never ever  had the original condition in the first place despite evidence I provided .

      As I have said if I did not have the original condition as the assessor claims there is no way I could be in hospital now with the condition worsened it could not worsen if I never had it in the first place .

      Now I have even more documented evidence as I have Hospital admission letters from A + E  , surgical triage , and consultant specialist reports . I'm still in hospital where I have had 4 X rays.  A ct scan,  27 blood tests , and a week of intravenous injections  .

      I hope this is now clearer 

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    • Posted

      I understood you perfectly Paul. You can't use the evidence for a worsening condition. The fact that you've got hospital admission letters , the x-rays, scans and blood tests stil can't be used. If that Consultant report clearlying states when you had this condition and how it affects you daily (because that's what PIP is all about) then you can use that.

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    • Posted

      The assessor said I did not have the original condition because she knows that she would have had to award me points as the condition definitely affects my daily living condition . 

      So she denied I had the condition and ignored my doctors reports.

      If she had included in her report that I had the condition it's obvious that it would affect my daily living and score me points .

      It's like if you score points for not being able to read signs .

      The patient would obviously not  be able to see signs because they are blind but the assessor says that they are not blind so they don't have to award points .

      So if the patient went to tribunal it would be obvious they were blind as they could not be able to see and have written evidence .

      Can you see what I'm saying 

      my worsening condition which I could have not have if I did not already have the original condition is just more evidence which proves the assessor has lied 

      it's all relevant .

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    • Posted

      If you think it's all relevant then why ask Paul? Not knowing what your condition is makes it extremely difficult to advice you or to even understand some of what you state. All i can tell you is you can NOT use evidence for a worsening condition. I'm sorry Paul but i can't help you any further. I have a lot going on in my own life right now yet i continue to advice others here. I can't 2nd guess you, i'm sorry. I wish you good luck with your PIP claim and wish you good health.

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    • Posted

      Yes at the  assessment I gave the assessor the consultant and gp letters stating the condition i had but on the report she said I did not even have the condition .

      With the condition I have/had  its absolutely obvious that it would affect my daily living abilities that's why the assessor said I never had the condition as it would be obvious I would have been awarded points .

      It's like for example if you have no eyes it would be impossible to see  or if you had no legs it would be impossible to walk 

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    • Posted

      My original question was never specifically directed at you so why even  reply and get involved in the topic . You got involved by replying to my question which constituted a reply to you  which you then say you have too much going on in your life to respond to my messages so why even respond in the first place as like I said it was a general question to the forum and not specifically to you .

      This is a rhetorical question which means it does not warrant a reply from you 

      So good luck to you 

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    • Posted

      Actually Paul incase you hadn't realised i'm the most active person on the forum. I'm the only one that's tried helping you throughout ALL of your ESA and PIP. I even asked you multiple times about the reasons you got into the support group BUT you never ever answered my question. I also asked you to post back when you got your ESA assessment report BUT you didn't post back about that either.

      I have bent over backwards to try to help you over the past few months. Of course you can send in more evidence but like i said multiple times they won't take any evidence into consideration for a worsening of condtion. All the tests you have done since being in hospital make no difference to this currect PIP claim.

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    • Posted

      The fact that I have been admitted to hospital proves beyond doubt that I had the condition I'm the first place .

      This is very important and key because it proves the assessor has lied on the report .

      If she had not lied on the report she would have had to awarded me points as the condition I have which she said I didn't have would beyond any doubt affect my daily living condition .

      The fact that the assessor has lied on the report has prevented me being awarded points . This further evidence I will now have proves I had the condition in the first place so it's all relevant .

      This new evidence will also be added to all the previous evidence that my legal team have for when the begin proceedings to sue the assessor and atos 

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    • Posted

      if you spoke to the assessor the same way you spoke to denise then i can understand them not liking you!!

       

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  • Posted

    Hi Paul, I have just sent you a link to the CAB web site regarding sending in more supporting evidence when attending a PIP tribunal, this says that you can and that you must do it before your date of tribunal, they say also that turning up on the day with loads of new evidence is not appreciated.
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    • Posted

      Thanks 

      I have only just recently had my pip decision and only last week had my mandatory reconsideration letter so it will be months before any tribunal .

       If everything ends up well in the hospital and I'm allowed home I will be sending the evidence in beforehand and not take it with me to tribunal 

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    • Posted

      That's good and then you will obviously know for sure if you can do it. Can I ask Paul what your disability is, you do seem as though you don't want to say, there's nothing I can think of that would be too bad to say smile

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