To wonder if I actually have a chance of winning my PIP tribunal ? Feeling deflated.

[BelatedDeflated]

My PIP tribunal is coming up soon and I’m starting to become nervous and deflated about it all

I’ve waited almost a year .

I had been receiving the enhanced rate of care but it was removed at review (a whole year early ) , in spite of there being no changes (in fact I was worse).

I missed out on any award at all (again) by two points.

I have M.E/CFS and it’s such a difficult condition to “prove” . I submitted lots of evidence but still it was removed .

We really relied on the money

I don’t know if I can face it . I’m so angry about the whole process and how they’ve completely ignored medical evidence in favour of a basic report from a “disability analyst” who has no clue what my condition is like .

I was refused it the first time around but won at an appeal and was awarded enhanced care .

The thought of going again , although the tribunal panel were very nice , is just so nerve wracking .

Do I have a reasonable chance of winning if I’ve had it before ?

Thank you for all the advice . I’m going to try to contact CAB again but I might be too late .

orangeblossom sorry this is happening to you too; it’s very deflating and frustrating!

Letticefortescue you’ve raised some interesting points .

In all of the documents I sent to DWP even at MR stage , I stated about the STAR guidelines and now due to worsening fatigue over the day , I meet this criteria . I gave lots of examples , but still I was refused.

My original award given by the tribunal was meant to last until early 2019 , but at the beginning of this year , I was called for review and then it was removed 8 weeks later!

Is this a supercesion? I was suprised they could do that .

I filled in the questionnaire advising no change except one aspect which had deteriorated and I stated I was under investigation for the issue at the time , but I also stated how it affected my ability to do the descriptors .

When I received the final report back from DWP, they argued that the assessors report was a more up to date reflection on how it affects me

The report was full of inaccuracies and my full answers hadn’t been recorded at all!

The medical evidence I submitted is only 2 years old and I explained that there’s no treatment or cure for ME , so I don’t see a regular doctor (but I do see my GP) when I’m having to be signed off work every few weeks because I can’t physically do it !

I’m signed off again at the moment .

My GP won’t write me a letter as they don’t do those things , but will a copy of my medical records be good evidence ?

Oh I'm sorry I thought you had medical evidence. What was the evidence you had 2 years ago?

You can ask for a copy of your medical records, you are entitled to it under GDPR, so perhaps you could get that.

We are in a similar position, mine was also awarded by appeal until Spring 2019, GP won't write letters (but did an ESA form PIP are ignoring) and wondering about printing off GP summary records online. Not sure what it actually shows though, ongoing treatment? Have you noticed which areas specifically they seem to taken points away wrongly in? E.g. managing therapy? I am using my past appeals decision as a guide. Then, you can start to argue those points.

Although I do think it'd be rather difficult for people who can drive a non-adapted car to be eligible for the motability element in the vast majority of circumstances (except people who have a amputation on the leg that isn't used when driving an auto).

With due respect, that's not right at all. If you cannot walk more than 20 metres, you will be entitled to this, it is nothing to do with the ability to drive with adaptations or not. If DWP made a decision based on that, it would be overturned on appeal.

Good luck, OP.

The Patient Summary Records that I've seen show current conditions, current prescriptions, and notes from the last 5 consultations (these are always brief, as far as I've seen).

It's better than nothing but I do think it's helpful to get more evidence is possible, an OT assessment is good for example.

I have medical evidence from a specialist I saw who also provided me with a letter of support and also from another specialist who wrote in depth about how I meet the STAR guidelines , but this evidence is almost 2 years old .

Patient summary records is a good idea !

Medical records are useful, the trib might adjourn and ask for them. Do get specialist advice if you can - the trib night adjourn if you ask for time to get a rep but they are not obliged to.

My assessor this time made such errors like saying I have no formal diagnosis, but this is clear in all my paperwork! They sometimes don't seem to look at the paperwork. Maybe your have too. Have you got a copy of the assessor's report to look at as can be useful. They will send you one if you ask.

I think the dwp make a deal of being able to drive a car because it can show what a person can do in other areas of their life. So for example if claimant says they can’t do buttons or laces or chop veg but are fine driving an unadapted car and filling it with fuel that may indicate a lack of consistency eg how can you have the strength/grip/dexterity to operate a fuel pump but not to pull on your socks? Or why is someone saying they lack concentration to cook a meal safely but are fine to get behind the wheel of a car?
Not suggesting this is necessarily right but trying to shed light on how the dwp might be thinking.

Letticefortescue Yy I understand your point .

I can drive BUT I can only drive short distances and to places I know very well because I get so exhausted it affects my concentration , cognitive function etc.

This is the counter argument I have (and it was the same when the first award was made).

My husband takes me to all appointments.

That pp wasn’t meant to sound abrupt

I’m agreeing with your point .

DWP are constantly making assumptions about one thing applying to another. Mine are saying as didn't need prompting at the face to face, don't need it day to day with things.

Belated you didn't sound abrupt at all

How does it work then if you can't drive for the majority of the time, maybe could argue can only do it on occasion, but can't most of the time? As it needs to be reliably, repeatedly etc. are there times tried to drive and had to stop for example, perhaps? Can you explain more about the driving maybe and adjustments made that might help you perhaps.

This might be helpful, on driving. dwpexamination.org/forum/pip-dla-topics/so-if-you-drive-youre-screwed-this-is-very-worrying/

There is a great FB group to help with pips