The Merry-Go-Round of the PIP Claim

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Last week, I requested up to date medical evidence concerning the recent diagnosis of Fibromyalgia, from my GP, who has informed me this morning that this request has to come from the DWP.

So I contacted the DWP who stated it is the assessor who has to request medical evidence of support, so I telephoned IAS to be told the request has to come from the DWP to the assessor, (IAS, ATOS). So I telephoned the DWP again to be told the onus is on the claimant to provide medical evidence, as it is to support the claimant!

Surely this should provide the evidence of the truth, not supporting 'one side or another'? The GP is not allowed to charge for these letters now to the patient?

Very conflicting messages and me stuck in the middle!

To ‘add insult to injury’, at a hospital consultancy this morning, the consultant told me that he is not allowed to provide a letter supporting my conditions for the DWP. (We are not allowed to get involved” he said).

Finally to access MY medical records I need to fill in a form and access them “On Line”. 'I have set the wheels in motion' but everything seems geared to obstructing the claimant, and takes so long! with the DWP 'throwing' time limits at me throughout.

In one morning the DWP gave me 3 conflicting date-limits, I am not giving up no matter what happens, 'Daniel Blake come back, all is forgiven'

I knew it was up to the claimant to request medical evidence but had never thought it was not to simply get to the truth, never thought of it as solely benefiting the claimant, I hoped it is proving that from what we are suffering does restrict every day living, such as coping generally because of weakness, pain, walking, lifting etc. etc. but now the medical people seen tired of this support? Is this a new 'stumbling block' for us to face?

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  • Posted

    Hi,

    I've always advised people on here in all the time i've been here that the onus is on the claimant to make sure they send evidence to support a claim.

    As PIP isn't about a diagnosis, it's about how those conditions affect you and everyone is different. A letter of diagnosis, doesn't  mean anything and isn't the best evidence.  It  doesn't prove the difficulties that you may have. Yes, fibro can affect the whole body but what might affect one person, may not affect another. Everyone is totally different.

    I have fibromyalgia and other conditions and we're most like affected by this in a completely different way because no 2 people are the same. Which is why internet printouts explaining a condition are not accepted as evidence. The evidence you should be concentrating on is the evidence that will prove those descriptors apply to you.

    A lot of GPs/Consultants will refuse to write a letter of support for benefits purposes. This is because as you said they won't get involved and mostly don't have the time. Some GPs will happily write a letter though but a charge wil most likely apply to this.

    You've asked for your medical records but this could take time. Have you returned your form back to DWP yet? If you haven't then you really should aim to send some evidence with the form. Once your form is received at DWP they forward it onto the assessment providers. If you then later send evidence to DWP it will very likely not be used to support your claim. If you take it with you to the assessment then the HCP could well refuse to accept it, this happens to a lot of people. Which is why i always advise people to send the evidence with the form.

    It's not the DWP the request any evidence, it's the assessment providers job to do this. They then write the report based on what evidence they have and the face to face assessment. Once the report is return to DWP then the decision maker/case manager relies very heavily on that report alone.

    What conflicting date limits are you talking about? The return of your PIP2 form?

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  • Posted

    Hi Collie 🐕 when you have seen your respective medical consultants didn't they cc you into their letters that they sent to your GP explaining the results of your appointment.

    I save all mine and although it doesn't tell the DWP how it effects me it does allow them to see the conditions I suffer with that cause me to have limited mobility, an inability to dress myself completely etc so you could use these as evidence, I have a review September and have about 7 of these and x-rays and MRIs and a daily breakdown of how can't think of anything else can you add to these Denise

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    • Posted

      All my Consultants always cc the letters to me too and always have done.

      That's exactly the sort of evidence that will support a claim. I can't imagine anyone that will have medical evidence point specifically to those descriptors and how they affect you, but if it clearly states how you're affected then all the better. But a letter of diagnosis, doesn't carry much weight at all as far as evidence is concerned, at least not on it's on. If it's backed up with other medical evidence relating to how your affected then it's fine.

      Those that suffer with severe pain conditions like fibromyalgia are often sent to the pain clinic, as i have many times in the past. When i go there i tell my Consultant how i'm affected and what i am unable to do, this then gets put into a letter and sent to my GP which is cc'd to myself. This is the type of evidence that will be accepted. You can back it up with a letter from someone that cares for you, or with a written diary from yourself. Stating how your condition affects you. If using a letter to go with the medical evidence then make sure that the person writing it understands the descriptors and relates them to how your condition affects you.

      It's certainly a challenge with all this evidence, especially for those with conditions that can no longer be treated and the only person they see is their GP. Extremely difficult and a worry for a lot of people.

       

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    • Posted

      Thank you so much Denise, I have been discharged from the pain clinic, conditions can only be managed etc. The medication is almost as severe as the actual health condtions. I also attend a very excellent Pain Group, to which the Assessor stated "As she can attend the hospital monthly, she is capable of managing". I only go if well enough and it is very, very 'easy going'. but it upset me to think by attending hospital for treatment it is assumed claimants can manage tasks? The DWP have disputed my diaries of day to day managing/problems and told me the report written by my spouse relating to medical support does not count. 

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    • Posted

      No problem,

      Please remind me where you are in your application? Have you had the decision and if so have you sent the MR request back yet? Sorry but because i help so many people here, i sometimes forget who is who...don't have the greatest memory for names etc. Was it a DLA to PIP change, a PIP first claim or review? and if you've had the decision how many points did you score for daily living and mobility?

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    • Posted

      Hello hope you are well.

      This time the DWP took all my points off me despite me having deteriorated. I have not requested a M. R. up to date. I was awarded PIP in 2014, reassessed in 2016, PIP removed as granted under the required points, they told me to reapply where they took all points away. I have never received DLA, had Incapacity benefit. As stated I scored zero for both daily living and mobility at the last reapplication. Thank you XXXXX

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    • Posted

      Thanks for that info, when you were re-assessed in 2016 did you not ask for the MR at this stage and then take it to Tribunal? Problem is that when you keep re-applying they will most likely keep refusing and you'll be going round in circles. Always fight and take it to Tribunal for the best possible chance of success.

      Incapacity benefit was totally different to DLA.

      As you most likely know you now have 28 days to request the MR, because you scored zero points the chances of having that changed at MR stage is very very slim. I would get the MR request in ASAP because any delay is only adding time to the whole process. Tribunal backlog right now are absolutely huge and people are waiting as long as 1 year for their hearing.

      Attending hospital for any appointments or therapy should not have gone against you that's absolutely ridiculous!! Makes me so mad!

      The evidence you really should be concentrating on is things that will prove how your conditions affect you. All the evidence you sent the DWP with your PIP form will be sent to the Tribunal, if it gets that far. There's nothing wrong with sending letters of support from people that know you well, stating how you're affected. I have heard of people being awarded when they've had no medical evidence, only the letters of support and a diary. So, it's possible BUT don't rely on that be a definite. Medical evidence will definitely help your claim more at Tribunal.

      As for the MR request letter, concentrate on where you think you should have scored those points and why, and avoid mentioning the lies. They won't be interested in any lies that were told, and same goes for the Tribunal. What you need to focus on it being straight to the point. You want to Decision maker to read your letter and not get bored after the first few sentences. I wouldn't delay sending it either because the chances of a decision being changed at MR stage is now less than 20%, i believe.

      Always remember that it doesn't matter if you have multiple diagnosis', it won't help your claim. PIP is totally about how your conditions affect you daily. Lots of people have claimed PIP successfully for the way fibromyalgia affects them. I'm one of them, although i do have other conditions but i claim Standard daily living and Enhanced mobility.

      Fight for what you're entitled to!! Appear in person at your Tribunal for a 71% chance of a decision in your favour.

      Good luck.

       

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    • Posted

      Thank you Denise.

      I went to MR in 2016 and Appeal, then was told to reapply, which I did and they have taken all points from me in this latest report. Another MR is the next step but I was told by the DWP on Friday to reapply yet again, the third time since 2016, I never received DLA, awarded PIP from applying in 2014. Thank you so much, pleased I am a member of this forum.

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    • Posted

      You're welcome.

      No no no, please don't re-apply! This really isn't a good idea. I would urge you to stick with the MR then Tribunal and leave re-applying. If you did the MR and then Tribunal and re-applied, any new decision will overrule the MR/Tribunal decision. Re-applying is not the answer here because there's a very high chance you'll just be refused yet again because of the recent refusal you've had.

      I've heard it happen so many times where a claimant has been waiting for their Tribunal and been advised to reapply. They've had their Tribunal and won, then had their assessment for the new claim and been refused.....BANG goodbye Tribunal decision and hello new decision = ZERO award and the whole process starts all over again. eekeekeek

      May i ask who on earth advised you to re-apply. Goodness me, some people really have no idea and i don't mean yourself here either. I mean the person who advised you to re-apply.

      MR then Tribunal 100%.

      I never had a DLA award either, in fact i was refused DLA for exactly the same conditions just 6 months before i applied for PIP. PIP was introduced and i applied. I had to wait 11 months for an assessment because it had only just been introduced at the time and the backlogs were huge. It was worth the wait because i was awarded Standard for both.

      Always happy to advise, you know that!

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    • Posted

      I'm guessing someone at DWP who either doesn't know their job or someone who wants to stop a tribunal overiding their decision or even worse someone on here, wasn't me LOL, always get a name

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    • Posted

      My guess it's DWP, i would guess this for the same reasons you did. It certainly wasn't me. I'd never give anyone such bad advice and i'm fairly certain it wasn't anyone else on here, unless it was through a private message.

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    • Posted

      Hello again, it was DWP officers both times, a lady then a man on the PIP help-line but I have had some 'rubbish' advice, 'HELP' from this so called HELPLINE. Since I joined this forum, I am starting to 'see the light'. I listened the first time but as you say do not reapply, I am definitely not.

      No one on this site has ever given unhelpful advice or comments. I took the names of the 'officers' but they say they did not log why I had 'phoned! It is reassuring but sad that there are so many people also going through this procedure! Don't need to take it personally now. Thanks for everything.

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    • Posted

      Yes that's what i thought. Unfortunately a lot of people from DWP just read for a screen and haven't actually been through the process their self. I'm not saying all of the advisers from DWP give incorrect advice, you do get some very helpful people.....sometimes.

      There's also a lot of info available from the internet. Citizens advice have a very good website that helps fill out the PIP forms, it also explains the PIP descriptors in fairly good detail. The descriptors are really complex and so many people don't understand them. Some people may disagree but it really does help to have some knowledge of what it's all about. Like i said before not everyone will qualify and i don't mean yourself Collie Dog.

      Yes, agree there's a lot of people going through this but there's also alot of people that claim successfully without going through this, it's just rare we hear their story.

      I'm extremely relieved that you've decided not to re-apply. It's a long process but fight what you're entitled to. Any further advise please just ask! If i'm not here, i'm sure someone will help you.

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    • Posted

      Thank you so much, people like you make everything worthwhile. (Lumber spine gone into spasm - pity the assessor did not see me in this state!
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