- Posts: 7
× Members
medical evidance
- Shey
- Topic Author
- Offline
Less More
5 years 5 months ago #240589 by Shey
medical evidance was created by Shey
Hello I am new to forum. Great to have support. My questions are varied. I have an appeal coming soon. Apparently I had a hearing ( I did not know about this) and now they saying they want me to go for oral hearing . I have doctors notes and am not sure what to include as they are so many papers. I have cervical spondylosis with artificial joint. I had two surgeries. My second surgery caused peripheral nerve damage to right hand. I have lumber disc herniation's trapping nerves. I have horrid pain and rubbish sleep.
I have mental health issues ( anxiety and depression) first treated age 25 with hospital intake. I have been on medications for years. My question is do I send in every paper , or maybe a couple showing I have these conditions.
I thought my appeal had been thrown out so I threw all my papers away, this included what lies the Capita said about me. They lied so much about everything. I know this is common, however I want to read the papers again so I can challenge them, or should I?. Also my statement went in the bin. I called DWP and court tribunal to ask for replacements , but with no joy, this was 3 weeks ago. Should it be DWP or court tribunal office to get them replaced. At one point she said I had good grip with both hands, then later said that I would not let her test right hand on grip as was having nerve pain. So this is just a small example of lies. My son came with me as I was having a terrible anxiety just attending. She said I was confident and made good eye contact. I became distressed and tearful. I was not in good shape at all.
The tribunal said I had 30 days to produce my records from the date of letter requesting them. I called them to say I only just got them back 14 days after the deadline. They said its ok and just send them in. Im just not sure what to send .
I am so nervous about going as I do not have anyone who can come with me at this time.
I am currently waiting for MRI report on my heart as I have irregular rythem. Should I tell them this. The specialist says its an abnormality in my right ventricular. I should know if I need surgery when I see him in December for my results.
Finally should I print or send by email.
Thank you, sorry for long post.
I have mental health issues ( anxiety and depression) first treated age 25 with hospital intake. I have been on medications for years. My question is do I send in every paper , or maybe a couple showing I have these conditions.
I thought my appeal had been thrown out so I threw all my papers away, this included what lies the Capita said about me. They lied so much about everything. I know this is common, however I want to read the papers again so I can challenge them, or should I?. Also my statement went in the bin. I called DWP and court tribunal to ask for replacements , but with no joy, this was 3 weeks ago. Should it be DWP or court tribunal office to get them replaced. At one point she said I had good grip with both hands, then later said that I would not let her test right hand on grip as was having nerve pain. So this is just a small example of lies. My son came with me as I was having a terrible anxiety just attending. She said I was confident and made good eye contact. I became distressed and tearful. I was not in good shape at all.
The tribunal said I had 30 days to produce my records from the date of letter requesting them. I called them to say I only just got them back 14 days after the deadline. They said its ok and just send them in. Im just not sure what to send .
I am so nervous about going as I do not have anyone who can come with me at this time.
I am currently waiting for MRI report on my heart as I have irregular rythem. Should I tell them this. The specialist says its an abnormality in my right ventricular. I should know if I need surgery when I see him in December for my results.
Finally should I print or send by email.
Thank you, sorry for long post.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 5 months ago #240620 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic medical evidance
Shey
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Forgive us but it is difficult for us to offer specific advice in this situation,
Whilst the Tribunal panel will be interested in your conditions they will only be able to make a Decision based on the limitations that result from those conditions and specifically in regard to the PIP activities.
Have you looked at our PIP Claim guide, this explains the PIP criteria and how to explain your problems in terms that fit with that criteria? See
www.benefitsandwork.co.uk/help-for-claimants/pip
The following is a video of an ESA appeal, it will give you an idea of how these hearings are held, obviously, the questioning will be about PIP and there will be three panel members instead of the two for ESA, the third is a layperson with experience of disability issues.
MOJ Video of ESA Appeals Process and Tribunal
You need to contact the Tribunal Service for replacement papers.
I assume the information that the court requested was your medical records?
The panel can only consider your conditions and limitations at the time of the Decision you are appealing, so whilst you might mention your irregular heart rhythm they will not be able to take account of it in their deliberations.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
Forgive us but it is difficult for us to offer specific advice in this situation,
Whilst the Tribunal panel will be interested in your conditions they will only be able to make a Decision based on the limitations that result from those conditions and specifically in regard to the PIP activities.
Have you looked at our PIP Claim guide, this explains the PIP criteria and how to explain your problems in terms that fit with that criteria? See
www.benefitsandwork.co.uk/help-for-claimants/pip
The following is a video of an ESA appeal, it will give you an idea of how these hearings are held, obviously, the questioning will be about PIP and there will be three panel members instead of the two for ESA, the third is a layperson with experience of disability issues.
MOJ Video of ESA Appeals Process and Tribunal
You need to contact the Tribunal Service for replacement papers.
I assume the information that the court requested was your medical records?
The panel can only consider your conditions and limitations at the time of the Decision you are appealing, so whilst you might mention your irregular heart rhythm they will not be able to take account of it in their deliberations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Shey
- Topic Author
- Offline
Less More
- Posts: 7
5 years 5 months ago #240653 by Shey
Replied by Shey on topic medical evidance
Thank you for your reply. So do I get a copy of the my application form ( my statement on my conditions) from DWP or the tribunal ?. I asked DWP 3 weeks ago but nothing. They said 7/10 days Should I also ask for my papers from my ESA medical. I am in the work related group.
I also wanted to know .The tribunal said I had 30 days to produce my records from the date of letter requesting them. I called them to say I only just got them back 14 days after the deadline, will this cause any issues ? do I send in every paper or maybe a couple showing I have these conditions. ? Email or print and post.
Finally how far back can you go with medical evidence to prove how long you have had particular health issues. Should I send MRI scans. and is this advised..I have been treated by various osteopaths and chiropractors should they do a report for me?
Finally can I ask for more time .
I also wanted to know .The tribunal said I had 30 days to produce my records from the date of letter requesting them. I called them to say I only just got them back 14 days after the deadline, will this cause any issues ? do I send in every paper or maybe a couple showing I have these conditions. ? Email or print and post.
Finally how far back can you go with medical evidence to prove how long you have had particular health issues. Should I send MRI scans. and is this advised..I have been treated by various osteopaths and chiropractors should they do a report for me?
Finally can I ask for more time .
Please Log in or Create an account to join the conversation.
- Shey
- Topic Author
- Offline
Less More
- Posts: 7
5 years 5 months ago #240657 by Shey
Replied by Shey on topic medical evidance
hello, when i had my pip assessment I told them that I was in the process of tests to find out what is causing my irregular arrhythmia's. Since then I have been diagnosed with an abnormality coming from my lower right chamber. I am waiting MRI report as to whether I will need surgery. This will be in December. So if I get my date for attending before this report, can I still tell them about this .
Finally how long does it usually take for oral meeting after they have my evidence. I would prefer to ask for a delay until I have seen my cardiologist.
Finally how long does it usually take for oral meeting after they have my evidence. I would prefer to ask for a delay until I have seen my cardiologist.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 5 months ago #240672 by Gordon
You need to contact the Tribunal Service about your missing papers.
If they have not cancelled the appeal then it is not a problem returning your records late.
You need to send in information that supports your meeting the PIP criteria and that you have not already provided as this should be in the DWP's bundle, so diagnosis letters and letters that attest to your limitations. They need to be posted no later than 10 days before your hearing to the Tribunal Service with a covering letter including your Tribunal Reference number.
You can go as far back as you want providing you can show that the information is still relevant to your limitations as they were at the time of the Decision.
I would not send an MRI scan but if you think the reports from your osteopath or chiropractor will help then include them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic medical evidance
Shey wrote: Thank you for your reply. So do I get a copy of the my application form ( my statement on my conditions) from DWP or the tribunal ?. I asked DWP 3 weeks ago but nothing. They said 7/10 days Should I also ask for my papers from my ESA medical. I am in the work related group.
I also wanted to know .The tribunal said I had 30 days to produce my records from the date of letter requesting them. I called them to say I only just got them back 14 days after the deadline, will this cause any issues ? do I send in every paper or maybe a couple showing I have these conditions. ? Email or print and post.
Finally how far back can you go with medical evidence to prove how long you have had particular health issues. Should I send MRI scans. and is this advised..I have been treated by various osteopaths and chiropractors should they do a report for me?
Finally can I ask for more time .
You need to contact the Tribunal Service about your missing papers.
If they have not cancelled the appeal then it is not a problem returning your records late.
You need to send in information that supports your meeting the PIP criteria and that you have not already provided as this should be in the DWP's bundle, so diagnosis letters and letters that attest to your limitations. They need to be posted no later than 10 days before your hearing to the Tribunal Service with a covering letter including your Tribunal Reference number.
You can go as far back as you want providing you can show that the information is still relevant to your limitations as they were at the time of the Decision.
I would not send an MRI scan but if you think the reports from your osteopath or chiropractor will help then include them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 5 months ago #240673 by Gordon
If you told them at the assessment about the arrhythmias then you can include follow up information in your appeal.
There is no guarantee but a hearing will probably be about 8-10 weeks, I think it very unlikely that you will be able to delay the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic medical evidance
Shey wrote: hello, when i had my pip assessment I told them that I was in the process of tests to find out what is causing my irregular arrhythmia's. Since then I have been diagnosed with an abnormality coming from my lower right chamber. I am waiting MRI report as to whether I will need surgery. This will be in December. So if I get my date for attending before this report, can I still tell them about this .
Finally how long does it usually take for oral meeting after they have my evidence. I would prefer to ask for a delay until I have seen my cardiologist.
If you told them at the assessment about the arrhythmias then you can include follow up information in your appeal.
There is no guarantee but a hearing will probably be about 8-10 weeks, I think it very unlikely that you will be able to delay the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Shey
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David