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PIP was 2nd claim with new conditions but from 15 April 2025 new 3rd claim as advised.

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  • tifo
    tifo Posts: 2,107 Forumite
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    tifo said:
    Hi, i have a thread on here from a previous claim which went up to tribunal but I wasn't successful. I still suffer from my eye conditions, gout and other issues but at the time the DWP and tribunal said they were not enough for a PIP award. I still disagree but anyway the judge said she doesn't believe me.

    Recently i've been diagnosed with osteoarthritis in the knees, the left knee is stiff and limited in movement for the past month and the right knee is also stiff but not as much. I've had the x-rays etc and it could be due to age or gout which used to affect the left knee sometimes. I also now have pains in my fingers esp when I do tasks using them, for example keyboard. More so in the right hand.

    My cholesterol is at 5 (2 years ago it was 5.5) and the GP says this is now considered high when previously it wasn't as they use different criteria and wants to put me on statins.

    So, should I make another PIP claim? I see that the award success rate for osteoarthritis or generalised osteoarthritis is high at around 72%. My other conditions have not gone away as they're for life which I said in my previous claim, though my gout hasn't flared up much this year.

    Thanks


    Unless you change your way of thinking then I expect any new claim for PIP will failure.
    Your OP is what I expect to read from someone that has never been though the process you have. You have talked about your condition, but nothing about what points you believe you should score. From what I remember your last PIP thread had the same issues.
    “Those who do not learn history are doomed to repeat it."
    You are right and you helped a lot on my other thread.

    I believe I did concentrate on how my conditions were affecting me but unfortunately I still believe the assessors were not honest and I did not get a fair medical professional or judge at the PIP tribunal. I may also not have made some points as clear as I should have which didn't help me. Ultimately I couldn't get over what the assessor had written (some lies) and the judge said she believed the report was more credible.

    That's why this time I'm learning from the last claim and want to get initial advice from an agency and take it from there.
  • nannytone_2
    nannytone_2 Posts: 12,993 Forumite
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    edited 28 October 2024 at 11:46AM
    The tribunal panel are totally independent and will have based their decision  on a combination of the report, the evidence you provided and your answers to their questions.
    Not meaning to sound harsh, but on this and other threads, you have shown time and again that you are inclined to waffle, and introduce totally irrelevant topics.

    If the same was the case when completing your form, during the assessment and at tribunal.....
    That would be the biggest indicator as to why your claim was un successful
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
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    edited 28 October 2024 at 2:07PM
    The tribunal panel are totally independent and will have based their decision  on a combination of the report, the evidence you provided and your answers to their questions.
    Not meaning to sound harsh, but on this and other threads, you have shown time and again that you are inclined to waffle, and introduce totally irrelevant topics.

    If the same was the case when completing your form, during the assessment and at tribunal.....
    That would be the biggest indicator as to why your claim was un successful
           Agree.  In my experience the tribunal panel are excellent at getting to the heart of the matter, and determining if an award is merited given the PIP criteria, descriptors, and case law.

         With only 2 points from their previous hearing, I can't see how a award (8 points) could be justified given the OP has provided little info on the help /aids they now need to perform the PIP activities. 

     I fear that the OP will be wasting everybody's time (including critically HMCTS) unless the OP takes note of the advice given here and on their previous thread that just a diagnosis / new condition is likely to be insufficient - it's how the PIP activities are impacted.      
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • kaMelo
    kaMelo Posts: 2,855 Forumite
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    I would be more concerned that the tribunal panel found the OP and their testimony not credible. That is a pretty high bar to have reached and important to understand why they did.
     Being found not credible is a lot more than just making a mistake or two with your evidence.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
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    kaMelo said:
    I would be more concerned that the tribunal panel found the OP and their testimony not credible. That is a pretty high bar to have reached and important to understand why they did.
     
          Indeed, a panel is quick to spot inconsistencies and when an appellant is not credible. This could well have a bearing on their decision to award just 2 points.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • tifo
    tifo Posts: 2,107 Forumite
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    kaMelo said:
    I would be more concerned that the tribunal panel found the OP and their testimony not credible. That is a pretty high bar to have reached and important to understand why they did.
     Being found not credible is a lot more than just making a mistake or two with your evidence.
    This also worries me and i did not know until i received the judge's statement of reasons. This went against me. She criticised my GP and said the care i received was not good but I would say that was something not under my control. I don't know what she expected my GP to have done.
  • tifo
    tifo Posts: 2,107 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 28 October 2024 at 4:34PM
    The tribunal panel are totally independent and will have based their decision  on a combination of the report, the evidence you provided and your answers to their questions.

    Not meaning to sound harsh, but on this and other threads, you have shown time and again that you are inclined to waffle, and introduce totally irrelevant topics.

    If the same was the case when completing your form, during the assessment and at tribunal.....
    That would be the biggest indicator as to why your claim was un successful
    I know this and try to be concise. I think it gets into waffle territory when I try to explain things too much with what i think is relevant information.

    I don't know about totally independent, they are people after all. For example, the Dr at the tribunal for my WCA claim was very understanding and was pushing me towards some of the affects from my conditions like "you feel this don't you" and "it's like that isn't it" etc

    One thing which i think was unfair for both my PIP and WCA claims was the DWP using both medical reports in each, thus i had to reply not only for my WCA report in my PIP tribunal but also the PIP report in my WCA tribunal. The claims ran together even though the WCA claim was made 2 years earlier. The tribunals and DWP rep were jumping from one report to the other anytime. In my submission bundle i had to provide evidence and information against 2 reports which had untruths in them.
  • Robbie64
    Robbie64 Posts: 2,167 Forumite
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    marcia_ said:
    TELLIT01 said:
    Just a general observation, but the adverts you see which say things along the lines of "If you suffer from any of these conditions you can claim....." certainly don't help.  Anybody can claim any benefit they want but that doesn't mean they will get it.
     My local newspaper prints these articles almost weekly. They include a list of conditions that will get you £600+ a month. Of course people jump on it and apply not understanding that conditions or diagnosis don't matter. 
    There's a number of local newspapers that are all part of the same group that are printing the same article. I'm sure it's part of the reason why PIP claims are rising. The articles are very misleading.

  • tifo
    tifo Posts: 2,107 Forumite
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    I'm going to create a similar thread on the other help forum like i did with my previous claims, i know some of you are also on there but there are also different users.
  • tifo
    tifo Posts: 2,107 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Hi, i've started my claim with DWP, made the phone call yesterday which is 3 months from new condition.

    Also been to see Shelter who are our local benefits advisors and they were totally useless as before, they just give you the descriptors and ask to fill your own form.
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