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pip apeal
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8 years 1 month ago #153508 by martyp79
pip apeal was created by martyp79
hi i really need some help, im 36 and had a tibial plautau fracture 7 years ago and had sergury to pin my leg back together having several screws and plates under my knee, it was sucsesfull but i was warned of aurtritus in following years, never got full movement back and the pain got worse and worse so it was decided to remove the metal work three years ago, in this time i have always worked as a builder under increadable pain at times but carried on.
the metal work was removed then i was told i would prob need a knee replacement in the near future, i went back to work untill the sumer of last year when the pain and restriction in my knee was to much,had xrays done and have marked degenerative change in my right knee.basically its gone and im left on crutches and really struggiling.
i decided to apply for esa and pip as ive never claimed before and was self employed. applied for both got esa support and had the lower rate of mobility pip and that was it.
i couldnt understand how pip had come to there conclusions and asked for a reconsideration,at that stage was told that the origonal gp had wrote on my medical form sent to them i had full range of movement and with physio would be ok.wich obviuosly is complete rubbish so i decided to appeal went back and seen my regular gp he advised me he didnt know where this info had come from and wrote me a supporting letter stating what was accually wrong with me.
today i have recieved the full medical reports and paper work to appeal,the medical evidence
the origonal gp sent in says i have full range of movement and with physio will be ok.
i cant acctually beleive that she has wrote this and also the new gp letter i have sent in stating that i have virtually no range of movent ect is being dismissed,because of the origonal gp report.
i really dont understand why she has wrote this nor does my GP no amount of physio will fix a knee that now needs replacing,
i really dont know what to do know any help would be appriciated.
the metal work was removed then i was told i would prob need a knee replacement in the near future, i went back to work untill the sumer of last year when the pain and restriction in my knee was to much,had xrays done and have marked degenerative change in my right knee.basically its gone and im left on crutches and really struggiling.
i decided to apply for esa and pip as ive never claimed before and was self employed. applied for both got esa support and had the lower rate of mobility pip and that was it.
i couldnt understand how pip had come to there conclusions and asked for a reconsideration,at that stage was told that the origonal gp had wrote on my medical form sent to them i had full range of movement and with physio would be ok.wich obviuosly is complete rubbish so i decided to appeal went back and seen my regular gp he advised me he didnt know where this info had come from and wrote me a supporting letter stating what was accually wrong with me.
today i have recieved the full medical reports and paper work to appeal,the medical evidence
the origonal gp sent in says i have full range of movement and with physio will be ok.
i cant acctually beleive that she has wrote this and also the new gp letter i have sent in stating that i have virtually no range of movent ect is being dismissed,because of the origonal gp report.
i really dont understand why she has wrote this nor does my GP no amount of physio will fix a knee that now needs replacing,
i really dont know what to do know any help would be appriciated.
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8 years 1 month ago - 8 years 1 month ago #153534 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip apeal
Marty
The DWP always prefer an initial report to any later one unless you can show that the earlier report is incorrect.
You say that your GP has written a new letter, have they refuted the original one or simply provided a different prognosis?
A Tribunal starts from scratch in examining your case and there will be an opportunity for you to explain the disparity in the two reports, so it is not a foregone conclusion that they will choose the first letter over the second but you will need explain what has happened and why.
Putting the letters to one side, your primary task is to show that you meet the criteria for an award, so I would go through the PIP Claim guide, your PIP2 form and the assessment report to make sure that this is the case.
Gordon
The DWP always prefer an initial report to any later one unless you can show that the earlier report is incorrect.
You say that your GP has written a new letter, have they refuted the original one or simply provided a different prognosis?
A Tribunal starts from scratch in examining your case and there will be an opportunity for you to explain the disparity in the two reports, so it is not a foregone conclusion that they will choose the first letter over the second but you will need explain what has happened and why.
Putting the letters to one side, your primary task is to show that you meet the criteria for an award, so I would go through the PIP Claim guide, your PIP2 form and the assessment report to make sure that this is the case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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8 years 1 month ago #153748 by martyp79
Replied by martyp79 on topic pip apeal
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