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Pretty much sums up the DWP!
- Cazie
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5 years 9 months ago #235274 by Cazie
Pretty much sums up the DWP! was created by Cazie
So, I was already aware of my failed attempt to win my tribunal and asked for a 'statement of reasons', which I received on Friday.
It really is (in my opinion) quite vitriolic, starting with praise of the HP's report and me, well, apparently I was evasive, inconsistent, hyperbolic and unreliable (better not divulge those characteristics at work!). The rest is full of utter nonsense written like some of the toxic social media posts that you see online.
That aside there is one concrete piece of information that they failed to check. I saw a Chiropractor a number of years ago and part of my attendance was to have an x-ray of my spine. This showed Scoliosis which I put on my form under 'conditions' and left it at that because Chiropractic being a complementary therapy it didn't occur to me to mention that I have kept my own x-ray.
So one part of the feedback states
"She told us that a chiropractor told her that she had scoliosis. As she has had no scans, x-rays or referrals and her medical records do not confirm such a diagnosis, we find her assertion that she has scoliosis unreliable and highly unlikely to be correct".
Could this be enough to take this to the Upper Tribunal perhaps? They never even asked if I had an x-ray.
Anyway, I'll probably not bother and just put in a new claim.
Thanks for listening and I will claim out loud that I am none of those things mentioned in the 'statement of reasons' where essentially I've been accused of lying.
Catherine
It really is (in my opinion) quite vitriolic, starting with praise of the HP's report and me, well, apparently I was evasive, inconsistent, hyperbolic and unreliable (better not divulge those characteristics at work!). The rest is full of utter nonsense written like some of the toxic social media posts that you see online.
That aside there is one concrete piece of information that they failed to check. I saw a Chiropractor a number of years ago and part of my attendance was to have an x-ray of my spine. This showed Scoliosis which I put on my form under 'conditions' and left it at that because Chiropractic being a complementary therapy it didn't occur to me to mention that I have kept my own x-ray.
So one part of the feedback states
"She told us that a chiropractor told her that she had scoliosis. As she has had no scans, x-rays or referrals and her medical records do not confirm such a diagnosis, we find her assertion that she has scoliosis unreliable and highly unlikely to be correct".
Could this be enough to take this to the Upper Tribunal perhaps? They never even asked if I had an x-ray.
Anyway, I'll probably not bother and just put in a new claim.
Thanks for listening and I will claim out loud that I am none of those things mentioned in the 'statement of reasons' where essentially I've been accused of lying.
Catherine
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- BIS
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5 years 9 months ago #235280 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pretty much sums up the DWP!
Hi Cazie
In order to appeal to the Upper Tribunal you need to find that there has been an error in law. To do this you may want to take some legal advice. You may want to argue that not asking for an x-ray meant they failed to consider the full extent of your condition, but you are likely to struggle with this if your medical records contain no information of this diagnosis and you may be denied the chance to appeal. You can google to see if there is any case law already in place which covers this type of scenario. At a brief glance, I couldn't find any (but that doesn't mean it doesn't exist).
If you want to put in another PiP claim one thing you might want to consider is to see your GP with that x-ray and get him to refer you to a Physiotherapist for an assessment and then you will have up-to-date information of how this affects you in your daily living.
BIS
In order to appeal to the Upper Tribunal you need to find that there has been an error in law. To do this you may want to take some legal advice. You may want to argue that not asking for an x-ray meant they failed to consider the full extent of your condition, but you are likely to struggle with this if your medical records contain no information of this diagnosis and you may be denied the chance to appeal. You can google to see if there is any case law already in place which covers this type of scenario. At a brief glance, I couldn't find any (but that doesn't mean it doesn't exist).
If you want to put in another PiP claim one thing you might want to consider is to see your GP with that x-ray and get him to refer you to a Physiotherapist for an assessment and then you will have up-to-date information of how this affects you in your daily living.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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