PIP appeal

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.

Never mind further evidence, they didn't even look at the substantial evidence they had from me.

tifo

tifo said:

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?

The tribunal also said "Mr ---- did not see his GP about any of his conditions between December 2021 and April 2022".

Because I was on the medications given and got repeats when needed. The DWP said they don't need any more fitnotes after my last one expired in December 2021 so I didn't go and ask the GP for it.

There was a letter from the hospital from my appt in May 2022 which again confirmed my conditions. My next one is next month on as i'm on about 2 a year.

I've had appts at the surgery but with a nurse to check BP and blood tests, which confirm high uric acid levels and result in gout.

The tribunal said "if his uric acid levels were so consistently high as to cause gout 8 to 12 times each year lasting up to 12 weeks at a time, as claimed, we would anticipate close monitoring by his GP and frequent blood tests". I did have regular blood tests and which showed high uric acid levels, resulting in further medication but unfortunately I didn't submit all the test results.

The hearing was in June 2022 and they looked at the assessment in August 2021.

There were also some factual errors in the reasons, I won't put them all here but these could've been resolved from the hospital letters, for example they said I no longer have high pressure but every letter from the hospital, inc recent, shows the high reading of 35mm to 50mm Hg.

poppy12345

tifo said:

tifo said:

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?

Because I was on the medications given and got repeats when needed. The DWP said they don't need any more fitnotes after my last one expired in December 2021 so I didn't go and ask the GP for it.

That wouldn't have applied for PIP, that would have been for UC. I thought this thread was related to your PIP appeal? I'm confused!

tifo

poppy12345 said:

tifo said:

tifo said:

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?

Because I was on the medications given and got repeats when needed. The DWP said they don't need any more fitnotes after my last one expired in December 2021 so I didn't go and ask the GP for it.

That wouldn't have applied for PIP, that would have been for UC. I thought this thread was related to your PIP appeal? I'm confused!

Yes, this thread is for PIP.

I was simply giving the reasons why i've not gone to see my GP between December 2021 and April 2022, for some reason the tribunal chose that time period which is after my fit note (for WCA) expired. In fact last time i'd gone to see the GP at that time was in September 2021 when i got another 3 months fit note. I have no idea why they'd say that. The hospital letter from May 2022 confirmed my conditions more than a visit to the GP would have.

I think they're saying if I was in problems i'd have gone to see the GP but when I got repeat prescriptions a GP would have checked my report and prescribed. In the past i've had where they've said "we want to see you" after I asked for a repeat.

My eye conditions have been ongoing for 4 years, they're not going to disappear any time soon, it's permanent, the hospital letter from May 2022 would've made that clear.

The gout i've had for many years. That's all in my GP record.

calcotti

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.

Saying they rarely do it isn’t the same as saying it’s not their role.

poppy12345

calcotti said:

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.

Saying they rarely do it isn’t the same as saying it’s not their role.

Yes, i agree.

peteuk

calcotti said:

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.

Saying they rarely do it isn’t the same as saying it’s not their role.

I can only go off my experience, and the only time I contacted a GP was if I thought or felt someone was in Danger.  There is a triage system which would ask for more info, but that was before it would get to the assessment stage.  

 Sorry for any confusion caused.

tifo

In my last hospital visit in May I was told that i've a cortical cataract developing in my right eye. As i'd driven there the clinician didn't dilate the pupil to see inside. The left eye is the one with the inflammation and gives me problems, i've no vision in that. They tend to leave it alone and let it progress as it will.

I've had my 6 month hospital appointment recently and this time clinician told me I should be careful about direct sunlight, wear sunglasses etc as radiation can accelerate the cataract. My left eye still tears a lot, is occasionally dry and stings. She prescribed different drops to what i've had before.

The cataract is a new condition, which will affect me in times to come and worries me a lot because it's the only eye I see from. The PIP claim is prior to this and so the tribunal will probably not take it into consideration. Any advice on how I should proceed with this as it affects me and I will have to make daily changes which might affect the claim.

poppy12345

The answer is the same as your other thread. The Tribunal won't take into consideration any worsening of condition.

tifo said:

The cataract is a new condition, which will affect me in times to come and worries me a lot because it's the only eye I see from.

You can't claim because you're expecting a condition to get worse. You need to have had the difficulties for at least 3 months and expect them to last at least a further 9 months.

You can start a new PIP claim but the whole process will start again. I'd advise you to get some expert advice before doing so because reapplying using the same evidence as previously will likely see another refusal.

tifo

poppy12345 said:

You can't claim because you're expecting a condition to get worse. You need to have had the difficulties for at least 3 months and expect them to last at least a further 9 months.

You can start a new PIP claim but the whole process will start again. I'd advise you to get some expert advice before doing so because reapplying using the same evidence as previously will likely see another refusal.

I've had the cataract since at least May 2022 when the clinician told me and it will definitely last longer than 9 months.

If I start a new claim can i not continue with the current claim to the upper tribunal? I'm getting help from Shelter who are my local advice agency. I'm due to see them next week and got permission in October from the court to submit 4 weeks later. The previous claim is to do with my old conditions and is from March 2021.

I would have to include my old and new condition into any new claim.