GP not heard from PIP
Posted , 6 users are following.
Hi all, I just wamted to say that I am waiting for a PIP Tribunal which I bet will not happen for abother 8 months (been waiting 2 months so far) so, in short my GP has told me that PIP have never contacted him for a report, so I was wondering if I can get my GP to write a letter to the Tribunal service that I will forward from him to them. My assessment was a nightmare, the typical lying assessor that until recently I have found out that she has had many more complaints about her, the assessor. Anyhow, I have a Physiopherapists letter, an extensive GP's letter, a letter from my old surgeon and all my medical history to forward as evidence for the Tribunal service when I have to go. Question is, could it be thrown out in my favour as is it law that the DWP/PIP HAVE! to get a GP's report? They are ONLY going by a liying, cheating ATOS assessor. They even stopped my DLA that I was getting as they lost my 1st letter was lost, the 2nd letter necver got to me then the 3rd letter was too late getting to them, as they stated it was "my fault" anyway,
0 likes, 19 replies
les59996 pete66229
Posted
I would send any evidence that you have or could get hold of that confirms/backs up your claim to the Tribunal.
Don't worry about the lies - that's par for the course.
I see that you had problems with your DLA. Were you transferring over from DLA to PIP?
?I only ask in that I attempted to transfer over and they 'lost' two letters of mine when asking for the PIP1 form (didn't want to do the phone call bit).
I was then too late so they closed down my DLA.
?Being 67 at the time I was then too old to reclaim PIP.
pete66229 les59996
Posted
Hi Les, yes, my condition got worse so I thought maybe I could get a little extra as I only got middle rate for care not mobility. Then they stop my dla as I mentioned. I had a reply on a different forum from a ex solicitor which told me that if pip did not contact my GP then it's cause to have the case thrown out and for me to be awarded pip, so I'm going to get this evidence from my GP in writing of this.
It's sick isn't it that we are just numbers on a screen to the government. I'll be in a wheelchair one day in my future (I'm 21 now) and can hardly walk, I have permanent nerve damage in my spine from the waste down and 7 other medical cobditions.
I wish the pip interviews were recorded then these medical assistants, well, lying cheats would never be able to lie again.
Anyhow, I'm going to call a solicitor tomorrow and get an appointment to make 100? certain if they themselves (dwp/pip) have broken there own law.
Scally pete66229
Posted
I've not heard that they have to contact your GP. They very rarely do and I'm sure if this was a legal requirement it would have been picked up on by now. Their argument usually is that GPs aren't specialists in disability analysis whereas their assessors are! The information booklet they send to help you fill in the PIP2 form has the section below which only says they may be contacted, not that they will be contacted.
1 About professionals you may see These professionals may be contacted by us to provide further information to support your claim. Address – this is where you see them such as the health centre or hospital address.
les59996 pete66229
Posted
The DWP are under no legal requirement to contact anybody. If they are satisfied that they can make a decision based on what they have, they are fully entitled to do so.
?To think that the DWP will want to search for evidence that might help you win your case you are mistaken, they won't and don't have to.
pete66229 les59996
Posted
I see, but I'm thinking, if the assessor that I saw has had previous complaints about her, can I not obtain this information under some kinda freedom of documents type of thing?
les59996 pete66229
Posted
You should be concentrating all of your energies into proving your case at the tribunal and not trying to conduct a witch hunt which will get you nowhere fast.
pete66229 les59996
Posted
Yes Les, 5 things she lied on and exaggerated on. Everyone that knows me knows that I can not walk for more than 16 metres, but she wrote down I can walk 50 metres in each direction, I stated that I can not cook my own hot meals, she stated in the report that I can make hot dinners all ok, and other things. So, my point was that is if she did this to me how many countless others has she done this to? I got my Tribunal date for the 13th December now but I now have no time to get all my medical history from the hospital I had my operation in, nor get a report from my ex surgeon that did my operation as he has now retired, but he stated that when I get older, things will only get worse.
I was stiffed by DLA, stiffed by ATOS and the DWP are ONLY getting evidence from what I wrote in my original form that I sent back to them and the assessor that I saw. How the hell am I supposed to win my case when the Judge, Doctor and the 3rd person read what I wrote? As I stated I was in an extreme panic to send it back fast as they stated if I did not send it back within a few days my DLA would stop, thus it took me 20 minutes to complete the form, where the 1st one I wrote that got "lost in the post" took me over 1hr 25 minutes to complete. My Doctor is going to write me another letter with all my necessary illness's in, my Physio will write me a letter I hope as I have my 1st session with them is next week and my psychiatrist I am yet to see.
When ATOS did the ESA medicals I had 3 appointments with them over the years, at most getting 3 points with it, again, exaggerated wordings and a few random lies, I lost all 3 medicals, but all 3 went to Tribunal and I won all 3 of them getting more than 33 points. Now Maximus does them, I had one last year and I won it with no Tribunal and so many others have won. ATOS are to blame in my and plenty of others cases. So here is hoping that I win it soon. I'm attending with my mum, no CAB is coming nor anyone else.
les59996 pete66229
Posted
What seems to be coming through your posts is the problem you have with the assessor.
?As I have said, forget them, concentrate on proving your claim at a Tribunal.
?You say they lied - no my friend all they have done is to give an opinion. Whether the opinion is valid is here nor there. I may have an opinion about you - it doesn't mean to say that it's right or wrong. I may believe and have an opinion that you are a homicidal maniac it doesn't mean that you are.
?Opinions are what they are - one person having a view of something or someone.
nin100 pete66229
Posted
Been there done that brought the T shirt came out the other side winning.
my advice is what i learnt doing this
Good advice from others to forget the assesor, yes I know I felt like you do but it dosent help or even matter to the tribunal what the assesor thought.
I initially asked for an on paper tribunal due to phobias but Mum then pushed me to got to the CAB who convinced me to go to the tribunal. SO glad I did.
However the tribunal was initially looked at on paper before my mind was changed to attend. these tribunal people decided to postpone and contact and get info from GP and other relevant people as had not been got. Tribunal Comments were, impossible to asses fairly without relevant medical information. Thats an on paper tribunal no one in attendence saying if we dont have the GPs opinion we cant decide. So yes I would get a report from any medical people that you can or you may as i did have an adjournment.
When I eventually attended the tribunal they were firm very nice yes I felt once or twice they tried to trip me . but i was cocooned between the CAB chap my Mum and my Husband.
I did feel when the clerk of the court who nipped into the waiting room we were put in was making some kind of unofficial assesment although he only popped in to give us information on wait times. Luckily I was flat on the floor pooring with sweat trying not to pass out. I think the clerk may pass on anything that looks severe for example dancing or passing out etc not like at a medical centre where its sat upright shes healthy.
The tribunal were interested almost solely in what I had to say about my health in answer to their focused relevant questions . They also took into account what my GP had sent in. I do not know if they looked at the assesors report or my initial form I certainly got the impression not.
initial award from assesor 4 points and nill points
tribunal 11 points and 8 points
I think if i had gone in and gone on about the assesor my award may have not been positive - just a feeling and my personal opinion
Hope my ramblings help
pete66229 nin100
Posted
Hi Nin, sorry for the late reply, I've been awfully wrapped up in what the heck I'll do on Friday. Congrats on winning your case. I have asked my GP to write me up a very extensive letter explaining all the reasons about my illness, I also have had copies made of me having to go soon to a physiopherapist. I'm threating as I always presumed that I can take extra medical evidence with me on the day to give to the clerk to copy and give to the tribunal staff. However I'm in major panic over the mobility section where it states: can you plan a journey, I can't, due to a, being in awful pain, b, scared that I will fall over and hurt myself or worse, c, scared of passing out as I have done so before, d, scared of my "sometimes" incontinence issue, e, scared of what others might do, ridicule me, more of my phobia of embarrassment. I do hope I wil my appeal.
Why does people at DWP see the mobility section as if people can't plan a certain journey that they know well, that it comes down to mental health issues? As that is what the DWP told me.
denise15811 pete66229
Posted
PIP is all about how your condition affects your daily life, so try to aim your evidence around this. Letters about forthcoming apointments aren't really the best evidence. Infact when i recently had my PIP renewal there was a list of evidence they would like to see and evidence they wouldn't like to see. Appointments letters was on the "they dont want to see it list" Tribunal dates can take months, so i've read but luckliy i've never been to one. Goodluck when you go to yours.
pete66229 denise15811
Posted
Hi Denise, I will just concentrate on how my illness affects me then from waking to going to bed, then any fair minded judge and the others will finally see how badly I struggle every day. As for the lies from the PIP assessment person, will that not still go against me when I say nothing about it? As I thought on a parting word (when I have to go out to wait for my decision) I will state to all 3 of them, please treat me fairly when DWP and ATOS failed me, or is that to much? Hope I will be able to come back on here Friday with good news.
I know it's not PIP, only ESA, much easier to be awarded than PIP, but over the years 3 ATOS assessors and the decision making team at DWP game me, 0, 0, and 3 points, all 3 went to tribunal, ended winning all 3 with 43,37,38 points being awarded.
pete66229 nin100
Posted
Hi Nin, just came back from my tribunal hearing, but I felt it went horrible, the same as you, the people there were very firm and propper, relying on GP evidence and what I had wrote to them. The Judge was a woman, 2 male people, Dr and such, the Judge was very very firm though and a little abrupt, the guy who spoke about the physical walking section was nice, smiled a few times, as so did the other guy who was focused on the care side of the components. He was very nice, then the Judge stopped him and the other guy a couple of times to ask some additional bits. When they stated the tribunal was over I was screaming out in pain almost but holding it all in, I had the choice to wait for the decision but I couldn't, the Judge asked me I could wait or go, and I just went, all I wanted was to go home ASAP to lay down.
Thing is, as I was that anxious, a few bits may have sounded a bit contradictory for what they were asking me, I did tell them upton first sitting down I was awfully anxious and scared and in pain.
So, I feel disaster is on the way now, they were mainly focused on me walking, I stated I can stand then move for 20 metres but no more than 50, in my books that is 8 points alone as I can plan a jourmey, they said, but if it is somewhere you do not know you can not access google maps and plan one then? I was honest and said yes, but!!! my anxiety and fear of falling over makes me not go anywhere and my pain stops me as-well.
As for the care component, I was honest the best I could be, but, I don't know, from the point of when my mum helped me out it was no more than 8 minutes that they all came out to there cars and left, so I'm worrying more now that it takes at least 6 minutes for them to leave, so, a 1 - 2 minute decision? Does not sound good
pete66229
Posted
Just back from my Tribunal, but after being in awful pain and discomfort and my anxiety was high, when it all came to an end they said I could wait for the decision but as of the above I had to leave and go home.
I was so worked up that I even miss stated a few things that the judge and the other guy, not the Dr asked me from my records. It seemed at times that they were frowning as if to say, eh, you stated this and that, but I tried hard to explain things.
Now I feel like all is lost
so, the decision they said will be posted today and I'll get the results on Monday.
pete66229
Posted
One of the things the Judge asked me was: you have written here that very rarely you go to a shop with your mum in a taxi there and back.
HOWEVER!!!
I have gone over every single word of what I wrote, I went over every single word of my last ever DLA questionare and including my last 2 ESA questionaire forms and NOWHERE does it state this of what she said.
Now, the only form that she could have been reading that from is the original form that I sent back to them in time that they claimed they NEVER received, it is the only form that would have it in as I remember writing that.
So if they have lied about not receiving my original PIP questionare form, surely that IS illegal as they stopped my DLA 6 weeks later claiming that they never ever had my original forms back, they even wrote to me by post stating this.