Pips tribunal couldn't make a disscion

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Hi,

I applied for pips last year and was turned down by DWP.

It went to tribunal but I don't go out on my own and suffer with terrible depression and anxiety also with night terrors. But the court is now saying they want me to attend to make their disscion. But I really don't think I could handle this.

They also want my medical records?? I don't know why? My doctor thinks I wouldn't be able to attend either and said he would write me a letter?

Could anyone advise me please or been in the same situation

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  • Posted

    I would advise you to get a supportive letter from your GP to say you need a home visit as you are not up to traveling.to the assessment centre. Other than that you have a right to send in a paper reconsideration. They ask you this in the SSCS1 form that you send to the Tribunal I have just gone through this process and won my appeal by a paper reconsideration with the Tribunal. I made it very clear why I felt I should be reinstated. Also send in any medical evidence to. support that claim. I have reported the incompetent assessor to ATOS who are going to do a full investigation as to why she lied and contradicted herself. I was without my 2 year award for 6 months which has caused so much financial stress to my family as I cannot work due to recovering from shoulder surgery.
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    • Posted

      Hi,

      Thank you for getting back to me.

      I did a reconsideration and got turned down so now it's going to a tribunal. They did a hearing but the judge couldn't make their mind up and wrote to me and asked that I attend the next hearing. But I'm making me self worse by keep thinking about it. I don't go out so how can go? They know this but have asked me to attend with someone but I freeze up. So it's like a catch 22.

      Just don't know what to do if I don't go I might not win my appeal if I do go to them I can go out. So I'm freaking out more to try and push myself if that makes sense

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    • Posted

      Hi do what pollmadell64 said.  If your doctor said you aren't fit to go to the tribunal get him/her to write a letter to them saying this and that you require a home visit.  If they can't do this then they will have to do it all by post.  You shouldn't be penalised for this.  x
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    • Posted

      How then would you expect the poster to be questioned by members of the tribunal to ascertain the truth - by post?

      If the poster wants the appeal to succeed and the Judge has instructed the claimant to attend because they want to ask her questions, the only option open is to ask for the hearing to take place at their home.

      Refusing to go or the tribunal refusing a home venue, then yes, you will be penalised. 

       

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    • Posted

      If the poster is unable to go and the doctor supports this then I can't see she would be penalised.  There must be people who are physically housebound  - how do they get there?  On a stretcher?  By ambulance?  

      As far as I can see the poster isn't refusing a home visit,  or have you read something different to me?  

      You are always nit picking at me and I would appreciate it if you would stop it! 

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    • Posted

      I always ignore any postings by Les5996 as he gets on my nerves as he often turns postings by other members about himself ( hijacks them with his same old story as if he knows everything ) , good to see you back hypercat - am pleased you didn't leave completely x
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    • Posted

      Thank you Maria.   It was because of folk getting funny with me that I nearly left,  but am still here smile   Bev x

       

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    • Posted

      Because of increasing physical health problems i cannot do with the hassle but i like to see what members are asking about , see what other members suggest , etc , but i rarely comment these days - am just happy to follow and agree if i like what someone has suggested :-)
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    • Posted

      I'm sorry that you feel that way. I only mention my own situation as an example of how somebody in a similar situation has dealt with it. There are many ways at looking at the same thing. Maybe the posters in question only see it from their own perspective which is quite normal.

      In my case, I take the view of the DWP and the system that it is made too hard to qualify for a benefit. Then there are two options - persevere with the claim via the appeal system year in year out or opt out of it altogether because the stress it causes is worse than that symptoms of the disabilities. In my case i opt out - money is not the be all and end all - I have found that having peace of mind is more valuable.

      Is it so wrong to give an opinion and match it with an example?

      Or are we here just to hold hands and say dear dear?

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    • Posted

      If the GP will support the request - fine. You then have to convince the Tribunal to hold the enquiry at their home. If they refuse - then what?

      As for being permanently housebound, the poster has stated that they don't go out on their own. This suggests that they do go out when somebody is able to go with them.

      There are not that many claimants I would guess that could not appear at a tribunal provided that they had moral support from a family member or close friend.

      I am not having a go at you at all, I'm just pointing out that the Tribunal want to question the claimant which they are entitled to do if they feel that it is neccessary in order to get to the truth of the matter.

      As Anthony has said - you have to show willing if you want a chance of winning the appeal. To suggest to the Tribunal that they should attend the home is not being reasonable in my opinion.

       

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    • Posted

      Hi Les

      I agree with a lot of what you say. I understand that it can be therapeutic to collectively slate the DWP process but no matter how much bitching that goes on it will change absolutely nothing.

      However, I prefer to look at things scientificly and look for positive ways forward. This forum is at it's best when posters share their successful experiences and advise others how to do the same.

      I also believe it is important to understand the rationale of the DWP because then you have a much better chance of a positive result.

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    • Posted

      I never thought i was entitled to PIP so never applied for it but the when a social worker from my local cmht was doing a assessment on me ( early last year ) for the cmht ( i was referred to them late 2014 and had to go through a initial assessment on my mental health , etc ) and he came to my home he asked if i received PIP - said no so he told me to apply for it , thinking i wouldn't be accepted for the benefit i did ring up DWP and had a nice gentlemen answer and we went through the form then i was sent it , had to fill it out - once again i still was not convinced but the same social worker filled it out for me , sent it back , then i was told i would be having a home visit by assessor - never asked for one , lady came , wasn't here for very long , i still thought i wouldn't be accepted , but i was , was very surprised but also grateful as it has made things a little easier , my physical health went down hill last Summer and i need to get my paperwork out and see what steps i need to take to let DWP know , but my overall experience where PIP was concerned was positive , funny thing is that i didn't like that Social Worker - felt he was a snob and looked down his nose at me , never saw him again after last Feb when he finished my assessment , i got another SW , etc .
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    • Posted

      Hi Maria

      Glad you got your PIP award and even though the Social Worker was a bit of a snob he was a very helpful snob!

      Mind you your story is one which isn't often talked about. Many people love throwing the 'scrounger' slur around but no-one ever talks about the thousands of claimants who are entitled to PIP but never apply for it.

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    • Posted

      Yes - have always been grateful to him for suggesting that i apply for PIP as i always thought i wasn't entitled though i have physical illness as well mental health illness ( severe depression ) , he was supposed to have helped me fill out the form but he ended up filling it in for me , he was a liaison SW to the centre , my ESA assessment was a different story as the duty worker at the Cmht ( March ) told me to tell the assessor that i was under them and that meant i would be okay - i went on my own to the assessment , saw a male person , sat through an hour where i was honest with my answers , he went to to get the secretary to sit in on the physical part , 10 mins later she came in with the gentleman and told me that the interview had been terminated as it had not been recorded so i had to wait for a new date , my mental health went downhill that day so much so that i Od when the next one came about and i was in hospital , liaison mental health worker came and saw me there , told me to cancel the Esa assessment and i went home from hospital still distressed but little more hopeful , was appointed a Social Worker to accompany me to the next Esa assessment and because of him i passed it as the lady assessor i saw that time ( she was not to be trusted according to others i knew who had , had her ) could not put force answers down , to this day i am very grateful to that SW , I have always been honest with my answers , etc .

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    • Posted

      Hi anthony97723.                                                                                           your"e quiet right there when you say "some people never apply for it". They probably don"t like to think they got a problem. Someone has to tell them they have. Then when they apply most get told by DWP, "it"s all in the mind". 0 points. I tried over the past 10yrs 3 times to get dla/pip. In that time i was gob smacked to hear of the people i knew, who were getting it. @ too many pints and no box around phones anymore ( get my meening ) Ha. But it"s my condition that effects me and family I"m concerned about. ta.
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    • Posted

      Hi, then there are those that don't apply, not because they think that it isn't for them, but refuse on the basis of the stigma that is attached to claiming benefits.

      It might surprise many to learn that this category is highest in the 60+ age range and when you look at Attendance Allowance it is estimated that the figure is over 30% of the total that can claim AA and also follows through with Pension Credit and Housing Benefit/Council Tax support.

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    • Posted

      Seems that I included a link that was sent to the moderators. Hopefully it will appear.

      It shows that £20bn every year is not being claimed.

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    • Posted

      I went to the pain clinic a few weeks back and they considered reducing my pain medication. I simply asked 'but what if I need it?' I was told quite bluntly that pain is generaly 'in the mind' - 'it's the thought of being in pain that creates pain!'

       

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    • Posted

      Lol Les.

      It amazes me how anyone who isn't in pain can possibly make a decision on those who are in pain. It is not the 'thought' of being in pain which causes the pain it's the frigging condition that the individual suffers with.

      I know you suffer with Chronic Pancreatitis and I know from suffering with the same that the pain is far from 'imaginary'

      I would love to give these ‘experts’ one day’s worth of experience of living with CP without any pain relief, they would soon change their minds.

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    • Posted

      To right!!!

      He also suggested something called the Alexander technique. Where meditation and relaxation can give better relief from pain than copious amounts of Morphine!!

      As for the rest of my knackered body and lack of mental insight, - I suppose humming and listening to whale music will solve those problems too!

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    • Posted

      oh I forgot to mention - one of the first things he asked was if I was claiming any sickness or disability welfare benefits. I said no other than IIDB for mental health problems,. He seemed quite cheered by that saying that money is not the answer where pain control is needed. 
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    • Posted

      Hi les59996                                                                                                                      Tell that guy, it does not work and to stop piddling down                            peoples backs and trying to make out it"s raining. It does                          not work for physical pain or the other type of pain from                            nuisance neighbours. He"s talking a load of balderdash.  Ta.    
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    • Posted

      I agree, but when they are supposed to be the ones that advise the GP on the type and level of medication that should be prescribed there is not a lot that you can do.

      Now waiting for the call from the GP to change/reduce my medication. 

      Sooo glad that I didn't go for PIP as evidence like that would have blown my claim out of the water!!

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    • Posted

      Hi les59996.   It"s been going round in my head as to why he asked you about any benefits you claim!! The only thing i could get from it is. If you were on benefits for the medication you take, ( not your"e condition) then taking away your"e medication would take away your"e benefits. He sounds like some kind of a lawyer acting for DWP. mmmmm!!!!. Is this new tactics, do you think?
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    • Posted

      I have no idea to be honest. But he filled out a form - a sort of tick box exercise - asking questions about the type of pain, when it happens, medication etc etc and that was one of the questions he asked - 'was I in receipt of any disability/sickness benefits' .

      What I can say is that he wasn't at all friendly and I had the distinct impression that he was very much 'anti benefits' especially if I wanted to use his report to claim something. He seemed happy to know that I wasn't 'playing the system'.

      Could be wrong, but having been involved with the pain clinic since 2004 this was the first time that I had been asked about what benefit claims I was making.

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    • Posted

      My doctor has wrote me a letter and given all medical history. I would go but I have really bad panik attacks and I mean really bad.
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