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PIP Application - Partial Evidence Used

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1 year 6 months ago #274093 by Castlerock
Replied by Castlerock on topic PIP Application - Partial Evidence Used
Hi,

Apologies for the late response but I completely forgot that I was even a member here.. haha, ADHD strikes again.

Anyway, I got the MR back and again, 0 points. Again,. they said that my "how your disability affects you" form was enough for them to make the decision and from the evidence I sent in, which dates back years, wasn't sufficient.

I know for a FACT that if they contacted my GP or consultant and found out that I've landed up in psych wards on suicide watch because of this horrible set of conditions, that they'd have to contact the GP. So obviously, my waiver of data protection for them to access my medical records wasn't enough.

I went to Citizens Advice and the lovely lady who helped me, Chris, has a child with ADHD, so she saw right through their paperwork and understood my position. She even pointed out other things that I totally didnt know e.g. Not being able to take a busy train or bus at rush hour due to my crippling anxiety is classed as a motability problem. (whoever knew)...

Anyway, she send the forms off to apply for the tribulal:
  1. These were sent off on 29/06/2022
  2. The courts wrote back and confirmed that they had my case and that the DWP had until 20th Sept 2022, and that date elapsed, I haven't heard either from the HMCTS or DWP.
  3. CAB told me to wait for the DWP bundle, however I wasn't aware that sometimes they just never appear due to whatever their reasons are. So i dont want to end up in court empty handed.

I believe this is a common tactic of theirs to prolong things to draw the process out in hope of the apellant's just giving up.

Really horrible.

Does anyone have any advice at this point? I'm collecting evidence at the minute, dating back to pre 2010 (the DLA days), but can't find a clear example of an apellants bundle (statement of case) I can use for reference to generate one before the time.

As of now I've managed to find:
  1. Bank statements dating back to pre 2010 to show that my financial affairs are and always have been a mess
  2. Have a load of paperwork, but missing loads to, dating back to even 2004
  3. I need more medical records dating back over 6 years as these would cover and detail my stints in psych wards, but the NHS have a 6 year data retention policy , so aparently that part fo the record isn'te available. Is this true?
  4. Actual physcai proof that I only leave the house to go to the pharmacy and across the road to Lidl. All other occasions, I ahve to go with someone as I could end up easily in a panic.

I just want to get this done ASAP as I know there'll be disparity between the time limits that the DWP will get from HMCTS and the time limits I get.

My final question is that when I was offered the telephone interview by the Health Care guys, I wrote back with a Request for Reasonable Adjustments as I didn't want to get railroaded by being in a bright room, completely distracted, anxiouts and and...

And All of my requests were met, except for the part where I asked for someone specifically with "Adult ADHD / Adult Autism - Centric Experience" to be the HCA who took the interview. I did this due to the stigma, misconceptions people have etc... of the condition, not to mention the unique side-effects it comes with (co-morbid conditions, social problems, perceived hebavioral problems etc...).

They told me, no it wont happen, but they will be a professional.

In the interview, she said that she was a mental-health-nurse, I confirmed that she was a nurse by her name + details in the response, but mental health is a HUGE field, and ADHD being so specific, there's actually separate courses at uni for it.

How do I find out what kind of nurse she is? The Nursing and Midwifery Counsil, who list the nurses, have listed just this:

https://ibb.co/ydQ5pJQ

Not only that, some of the terms I used were quite medically specific and they went right over her head as well as her transcription skills lack alot of "eye for detail" as all the key points were missed out and the bland, non applicable ones weren't.

Any help would be awesome although CAB are helping me as best as they can however I feel that the DWP are in for the long-haul here and are doing theior best to worm out of this completely. Hence my crazy note and recording taking.

Anyway,

Tant over... Time to relax...

Castle!

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1 year 6 months ago #274134 by Gary
Replied by Gary on topic PIP Application - Partial Evidence Used
Hi Castlerock

Thank you for your post, It is quite normal for DWPto post bundal of documents late.

You could ask the DWP for subject access request to get a copy of all the information they hold on you.

If you contact the DWP and ask for a copy of the assessors report (PA4), it usually states the qualification of the assessor.

By the sounds of things, your local Citizen Advice have everything covered.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 6 months ago #274180 by Mollie
Replied by Mollie on topic PIP Application - Partial Evidence Used
Your GP notes should go back to when you were registered with a GP after your birth and should have your discharges from any hospital noted in them. Apparently, your birth records are in your mother’s records. My husband’s notes at our hospital date back to 1999 but he is still a patient and they do get weeded out now and then for duplication and such things (it took his new consultant 3 hours to tidy them and this was for only one health condition).

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