PIP appeal

tifo

calcotti said:

tifo said:

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted or even getting medical records from my GP…

It’s not the role of a tribunal to obtain evidence.

I meant the HCP ..... all they did was look at my PIP form (listed as evidence they looked at) and nothing else is listed. At the assessment the assessor wasn't even interested in looking at the photos i had on my phone, which were submitted with my MR statement. All evidence submitted to the DWP was available to the HCP.

tifo

calcotti said:

tifo said:

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted

That they took the HCP report into account in preference to your evidence might be an error in law which could possibly be challenged.

I think so too. The statements of reasons says "we preferred the evidence of the HCP to that of Mr ----”. Then they've just quoted statements from the medical report.

Aren't they meant to give equal weight to my and the DWP evidence and consider it?

poppy12345

tifo said:

GP fitnotes, information about my conditions and when from, and lots of photos of when my conditions were affecting me so they can see what happened.

Fit notes are not evidence for PIP so i'm unsure why you sent those. PIP isn't about your ability to work.

calcotti

tifo said:

calcotti said:

tifo said:

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted

That they took the HCP report into account in preference to your evidence might be an error in law which could possibly be challenged.

I think so too. The statements of reasons says "we preferred the evidence of the HCP to that of Mr ----”. Then they've just quoted statements from the medical report.

Aren't they meant to give equal weight to my and the DWP evidence and consider it?

They can prefer one over the other - indeed in most tribunal decisions they prefer the claimants evidence over the HCP. If they have given greater weight to the HCP they should explain why in their SOR and if they haven’t I think that is something you could, I think, use.

peteuk

tifo said:

calcotti said:

tifo said:

What i've got here is a tribunal panel that's quoted the medical report, which itself did not follow guidelines such as considering bad days also, or looking at my evidence submitted or even getting medical records from my GP…

It’s not the role of a tribunal to obtain evidence.

I meant the HCP ..... all they did was look at my PIP form (listed as evidence they looked at) and nothing else is listed. At the assessment the assessor wasn't even interested in looking at the photos i had on my phone, which were submitted with my MR statement. All evidence submitted to the DWP was available to the HCP.

It’s not the role of the HCP to obtain evidence either.  They should assess you with the evidence presented, that being your PIP2, previous PIP assessment (if any) and documents you send in with your PIP2.

Then obviously through questioning either F2F or over the phone write a report on their findings.  

Your angry and rightfully so, because you believe you’ve not been assessed and then further complaints not been handled fairly.

Have you looked at the mobility descriptors?  If so where do you believe you should score.  Bearing in mind 50% of the time is not the majority of the time.  So your gout was active 7 months of last year.  This still doesn’t say majority of the time you can’t walk. The other things they will look at is specialist appointments, increase in pain killers and gout specific medication.  

Sadly a gp letter doesn’t carry much weight. 

calcotti

peteuk said:

It’s not the role of the HCP to obtain evidence either. 

I don’t agree with that as a blanket statement.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#further-evidence-needed

See section 4.1

tifo

calcotti said:

peteuk said:

It’s not the role of the HCP to obtain evidence either. 

I don’t agree with that as a blanket statement.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#further-evidence-needed

See section 4.1

Yes, i quoted from this in my MR statement and which was part of my appeal bundle.

tifo

I need a law centre for Lancashire. Greater Manchester or Liverpool covers the North West so might help but i'm not in their catchment area.

https://www.lawcentres.org.uk/about-law-centres/law-centres-on-google-maps/alphabetically

poppy12345

calcotti said:

peteuk said:

It’s not the role of the HCP to obtain evidence either. 

I don’t agree with that as a blanket statement.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#further-evidence-needed

See section 4.1

Yes but as we know, they very rarely contact anyone for any evidence.

tifo

poppy12345 said:

calcotti said:

peteuk said:

It’s not the role of the HCP to obtain evidence either. 

I don’t agree with that as a blanket statement.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#further-evidence-needed

See section 4.1

Yes but as we know, they very rarely contact anyone for any evidence.

Which means they don't follow guidance ....