Pip and tribunal

I have been turned down for Pip and am heading for Tribunal. I have asked the DWP a few times for a copy of the assessors medical report on me. To date they have not sent me a copy. I read somewhere that they have to send you a copy of all the documents that they hold on you when your case is being sent to Tribunal. Also they will reassess your case to save going to court. Can anyone tell me if this is all true ??

Thanks Liz

12 Replies

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  • Sorry tou were turned down. Happens to most on the first attempt.

    You have to go throuhj mandatory assessment before tribunal. This is where your case is looked at again by another DM. You aren't allowed to add any new info at this stage.

    If you are still unsuccessful then you go to tribunal.

    Yes you should have a copy of your assessment result.

    Pat x

  • had mandatory and presented new evidence, where the DM said it did not agree with the medical problems I have, so now going to tribunal. I am going to phone the DWP again and ask for copy of assessment, I am also going to send a letter requesting copy again

  • Ah. If you presented new evidence that could be why he turned you down. Did anuone advise you to do that? We usually tell people DMs will onlly look at the first forms and evidence submitted.

    x

  • DWP advisor asked if I had further evidence to support my case.

  • Yes as it was on your form. Not include new evidence.

    Concentrate now on getting copy of assessment and tribunal. Have you someone to help you?

    x

  • I have joined benefits and work forum.

  • Excellent. The best!

    Will you have someone to go to the tribunal with you?

    x

  • Hi liz62 they have to send u a copy by law

  • Hi Liz,

    the DSS should have sent you a copy along with their reply the report is not a real medical report just an assessment from the interview you should have had, when I received mine the report was nothing like what had happened at the assessment so you should have made some form of recording of the assessment so you could have checked if what they put down was the same as what had happened or what you had told them, it is not the assessor who makes the decision it is a "decision maker" whoever that is you never get to know who or what requirement they need to do the job (I think they are scared of what could happen to them if it ever got out who they are)

    You have a right to see anything that they hold on you unless your doctor has stated it could be detrimental to your health for you to see it also you can ask for a copy of all your medical documents that your doctor holds on you but you have to pay up to £20 for any digital records and up to £50 for any paper documents they hold I obtained a full set of my documents and it cost me £70 but they went all the way back to when I was born and with them I picked out the relevant parts that were about my disability and sent them to them that was when I asked for a mandatory reconsideration which is the first thing you have to do after they have sent their reply re you not being eligible for it with me sending them the medical documents they went from saying I was not entitled to anything to my being entitled to the lower rate for care and the higher rate for mobility which gave me £450 per month which is great towards running a car.

    I did ask why they did not get a copy of my medical docs when I applied and they said they only get a simple form that they send to the doctor returned unless your doctor says they need more the problem with this system is that with doctors being so overworked most of the time it can be just a new trainee doctor who ends up doing this sort of "grunt" work who knows nothing about you which is partly why so many requests get turned down.

    good luck with your claim.

    Regards Poppy Ann.

  • You need to find your local voluntary group who specialise in these matters. You will need to see a copy of the disability handbook.

    A voluntary group who specialise in this area will know what to do and will save you much time and will know what questions to ask and what information to present.

    What is available is very area specific. Worth making enquiries of the local council offices as local councils make donations to these types of organisation.

    Not sure how helpful I have been.

  • They did this to me I asked for the report it took them 13 months to make a decision and then I was turned down not even a assessment I think they lost my claim along with al pl my medical evidence

  • If you have been turned down and your circumstances have changed during the application/assessment phase, put in a new claim asap. You can do that while you appeal, but they don't tell you to. If your circumstances have changed enough for a new claim to be approved you will at least get some financial help quicker as they are unlikely to change there initial decision on your first application. They will not take into account any changes in your health during their long processing time!

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