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Should i have 2nd PIP medical for 2nd claim?
- cazzyclay
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8 years 3 months ago #183416 by cazzyclay
Should i have 2nd PIP medical for 2nd claim? was created by cazzyclay
Now i know the answer to this usually would be yes but if you look at my previous history which is this:
PIP medical April 16 resulting in PIP withdrawn May 16
MR declined, spent from May 16- Sep 16 creating case load for PIP appeal which severely detrimented my health, appealed to have on paper but was co-erced into telephone hearing which lasted 2 hours was traumatic for me, and subsequently lost anyway. Put in for new claim for PIP Dec 16 fill out all forms from scratch.
Meanwhile ESA decide to review Oct 16, fill out new ESA review forms Dec 16-Jan 17. Have ESA medical Feb 17 lasting a gruelling 4HOURS split over 2 days which exhausted me - for once it pays off and ESA actually goes up and put in support group.
Now past week receive at last original PIP appeal statement of reasons which confirm how biasied and unfair the judge was, who i still plan to complain about in writing once i had the SOR - so i plan to send my reasons to upper tribunal, whilst i get a medical through for new PIP claim same batch of post! no coincidence there i feel.
When i sent in PIP medical evidence for 2nd claim I put in letter i had undergone the 4 hour medical with ESA all of which had been recorded and DWP and I have a copy and surely they could use this in place of a medical as it is a fully comprehensive breakdown of all my ailments not question specific to ESA. I rang PIP on receipt of the medical to reiterate this request and was promised a call back by a case manager. I got a call back from another advisor who agreed with me in theory but said would have to get a case manager to call me back. Case manager called back and said its possible but probably not allowed and would ask ATOS, who surprise surprise said audio evidence is not submissable. The case manager did ask did i want to go ahead with medical or have reviewed on paper and i said i needed to change the time of it at least and I want to make a request to NOT see the same HCP as last time as it went so badly plus i am still undergoing an upper tribunal case based on her original assessment. She said i would have to ask ATOS when moved appointment.
I have just made that call and when i asked not to have same HCP and able to name her as i have details from appeal, they had to go and ask if could and came back saying each centre allocates out the cases on the day and i could request it on arrival but they couldnt (more like wouldnt) call the centre itself to arrange this on my behalf nor give me contact number. She did offer me another assessment centre further away which i have reluctantly agreed to, but i am worried as not familiar with the area, part of my condition is social phobias and ive claimed points on not able to plan journey etc so it will prob go against me.
Now im tempted to call back PIP and ask to have done on paper. Problem is i wont get a chance to put my case forward and why its different/exaccabated since my previous claim, however in my experience i just get assassinated not listened to, the last ESA medical the first exception to this but was horrendously enduring at 4 hours and this was probably because id requested it recorded. I asked ATOS to record it but i have to source the duel tape recorder - like that is possible?
My original PIP claim i was receiving was decided on paper and decided in my favour so not having a medical stood me well first time around. However theres no doubt the case decider will read all my last PIP appeal notes which dont paint me in a good light and use them as evidence and dismiss my written submissions on the ESA 50 form.
What to do????
PIP medical April 16 resulting in PIP withdrawn May 16
MR declined, spent from May 16- Sep 16 creating case load for PIP appeal which severely detrimented my health, appealed to have on paper but was co-erced into telephone hearing which lasted 2 hours was traumatic for me, and subsequently lost anyway. Put in for new claim for PIP Dec 16 fill out all forms from scratch.
Meanwhile ESA decide to review Oct 16, fill out new ESA review forms Dec 16-Jan 17. Have ESA medical Feb 17 lasting a gruelling 4HOURS split over 2 days which exhausted me - for once it pays off and ESA actually goes up and put in support group.
Now past week receive at last original PIP appeal statement of reasons which confirm how biasied and unfair the judge was, who i still plan to complain about in writing once i had the SOR - so i plan to send my reasons to upper tribunal, whilst i get a medical through for new PIP claim same batch of post! no coincidence there i feel.
When i sent in PIP medical evidence for 2nd claim I put in letter i had undergone the 4 hour medical with ESA all of which had been recorded and DWP and I have a copy and surely they could use this in place of a medical as it is a fully comprehensive breakdown of all my ailments not question specific to ESA. I rang PIP on receipt of the medical to reiterate this request and was promised a call back by a case manager. I got a call back from another advisor who agreed with me in theory but said would have to get a case manager to call me back. Case manager called back and said its possible but probably not allowed and would ask ATOS, who surprise surprise said audio evidence is not submissable. The case manager did ask did i want to go ahead with medical or have reviewed on paper and i said i needed to change the time of it at least and I want to make a request to NOT see the same HCP as last time as it went so badly plus i am still undergoing an upper tribunal case based on her original assessment. She said i would have to ask ATOS when moved appointment.
I have just made that call and when i asked not to have same HCP and able to name her as i have details from appeal, they had to go and ask if could and came back saying each centre allocates out the cases on the day and i could request it on arrival but they couldnt (more like wouldnt) call the centre itself to arrange this on my behalf nor give me contact number. She did offer me another assessment centre further away which i have reluctantly agreed to, but i am worried as not familiar with the area, part of my condition is social phobias and ive claimed points on not able to plan journey etc so it will prob go against me.
Now im tempted to call back PIP and ask to have done on paper. Problem is i wont get a chance to put my case forward and why its different/exaccabated since my previous claim, however in my experience i just get assassinated not listened to, the last ESA medical the first exception to this but was horrendously enduring at 4 hours and this was probably because id requested it recorded. I asked ATOS to record it but i have to source the duel tape recorder - like that is possible?
My original PIP claim i was receiving was decided on paper and decided in my favour so not having a medical stood me well first time around. However theres no doubt the case decider will read all my last PIP appeal notes which dont paint me in a good light and use them as evidence and dismiss my written submissions on the ESA 50 form.
What to do????
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- Gordon
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8 years 3 months ago #183433 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Should i have 2nd PIP medical for 2nd claim?
cazzyclay
I'm afraid this is a decision that only you can make.
Assessment decisions lie with the Assessment Provider, not with the DWP who have no in-house medical support.
I think your request to see another assessor is reasonable, as you have the venue address I can see no reason why you cannot contact them directly.
Although reports from an ESA claim can be used for PI and vice versa, I would not expect one to substitute for a face to face assessment, the criteria are far to different for this to be allowed.
Gordon
I'm afraid this is a decision that only you can make.
Assessment decisions lie with the Assessment Provider, not with the DWP who have no in-house medical support.
I think your request to see another assessor is reasonable, as you have the venue address I can see no reason why you cannot contact them directly.
Although reports from an ESA claim can be used for PI and vice versa, I would not expect one to substitute for a face to face assessment, the criteria are far to different for this to be allowed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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