Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #141
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Has anyone got the statistics which identifies how many deaths or suicides have been linked to claimants being denied PIP, whilst previously being in receipt of DLA.

    I know the number is quite high, any link or information on this subject would be really appreciated as I want to lay these facts down to my MPicon who sits on the committee that deals with complaints about how claimants are being treated by his government and has continued to ignore my concerns, this and thereafter he managed to scrape back into Parliament with a majority of 31 votes.

    He needs to address my concerns so any data would be appreciated and used.


  2. #142
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Received notification this morning from the Tribunal dated the 22nd September, 10 days later, confirming hearing next week.

    Informed HMCTS that the last appeal was adjourned because the Judge wanted my medical records from GP.

    At first the Clerk indicated that they had not been made aware of this order but after about ten minutes admitted this order had been made for HMCTS to gain my authority for records to be released.

    My point, just another example of how the systems drags it heels and just do what they like and when they like but will jump through hoops everytime the DWP wants to rely on correct and proper process.

    Is the fact that the Tribunal now are wanting to look at my medical evidence a positive or yet another negative that will need dealing with, thanks SF


  3. #143
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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by spitfire1964 View Post
    Has anyone got the statistics which identifies how many deaths or suicides have been linked to claimants being denied PIP, whilst previously being in receipt of DLA..
    AFAIK, 11600 deaths of claimants found to be 'fit for work'.
    https://www.whatdotheyknow.com/reque..._passthrough=1


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  4. #144
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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by spitfire1964 View Post
    Is the fact that the Tribunal now are wanting to look at my medical evidence a positive or yet another negative that will need dealing with, thanks SF
    It is a positive if the medical report (from either your GP or an independent expert) entered as evidence support your case, and a negative if they don't.

    Quote Originally Posted by spitfire1964 View Post
    How ironic, the Tribunal can hold a full appeal hearing in my absence and without giving the correct notification which was set-asideicon and after they gave judgement to the DWP, and they are now giving directions for independent medical evidence again on the day my appeal and again in my absence.
    Are they asking for independent medical evidence, or your medical records from your GP? (or both, given you seem to be using the terms interchangeably). The two are NOT synonymous.


  5. #145
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by Bazooka Boo View Post
    AFAIK, 11600 deaths of claimants found to be 'fit for work'.
    https://www.whatdotheyknow.com/reque..._passthrough=1
    Thanks for that BB, those figures and recorded deaths of Claimants being found fit for work after an assessment initiated by the DWP before PIP replaced DLA and in part ESA, am I reading this right?

    In otherwords the bar has now been raised by the Government and the DWP because after targeting the less vulnerable, but vulnerable none the less, those on ESA and lDLA and now they are targeting and treating the most vulnerable of vulnerable as to the same method used before, removing benefits or Claimants by means of relying on a third party to lie and make up medical facts that if commited or controlled correctly as with most proffesions all these so called professional health workers and their peers would all be serving custodial prison sentences for fraud, because that's what they are commiting each and every single time they fabricate a medical report, and for one stinking thing, profit.

    They and the medical proffesions playing out this game and on a new level now are the virus and the full responsibility to every single disabled or sick person who after being defrauded into being claimed as fit to work by some under paid nurse, ambulance driver or as in my case some two bob five minute trained [edited] who is expert of human bones have all got blood on their hands imo.

    Think about it, is profit worth more than anyones life, the answer is yes and the profiteering still goes on and the loss of life to accommodate that profit will continue, its disgusting BB

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  6. #146
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by BazzaS View Post
    It is a positive if the medical report (from either your GP or an independent expert) entered as evidence support your case, and a negative if they don't.



    Are they asking for independent medical evidence, or your medical records from your GP? (or both, given you seem to be using the terms interchangeably). The two are NOT synonymous.
    The direction as giving on the piece of paper the Tribunal provided states independent medical advice should be sought.

    However and after being contacted by SARC and after some confusion, well I never, the Tribunal and the Clerk have now indicated that they the HMCTS were ordered by the last judge at the last hearing for them to provide and with my authority medical records from my GP.

    I have now giving my authority and await the next instalment of how the DWP and HMCTS decide how this case goes forward as both seem to be making it up as they go along like they do...


  7. #147
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    So I receive an email at 4 this afternoon advising me that they have received my medical records which will be considered in the morning when my appeal proceeds.

    As this medical evidence should have been giving a week ago, how is a panel going to look and consider a large volume of medical evidence to consider in such a short space of time, my guess is that with everything else that has been considered that remotely proves the Claimants case, it will be done just for sake and not to prove an illness.

    HMCTS were ordered to get the authority for this medical evidence a month ago, it was only and after SARC asked just what evidence the tribunal were wanting sight of, that they decided to act, hence it being disclosed 18 hours before a hearing, its a joke and the way in which this system operates and works is about a century behind everything else, utter useless, or deliberately sly.


  8. #148
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    Default Re: Pip tribunal hearing/ advice

    How are you getting on with complaints to your MP and DWP?


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  9. #149
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    Default Re: Pip tribunal hearing/ advice

    How are you getting on with the judicial review?
    Has the application been submitted?


  10. #150
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by Bazooka Boo View Post
    How are you getting on with complaints to your MP and DWP?
    MP who puffed his chest out boasting that he sat on the committee dealing with DWP has done a Lord Lucan and go missing, no suprises there mate, they are all cut from the same cloth, USELESS and they only value you before an election, fools.

    Giving that he only had a majority of 31 at the last election, the next election which could be could anytime now, I will make sure through my friends within the media to let the city know just how he values disabled people whilst topping up his expensences whilst sitting on another worthless committee and within the Government.

    DWP are not providing evidence or acting accordingly, they are currently breaching the Data Protections Act which is now being dealt with by the ICOicon, who have advised me all the way.


  11. #151
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/ advice

    Quote Originally Posted by BazzaS View Post
    How are you getting on with the judicial review?
    Has the application been submitted?
    DWP and HMCTS have been giving notice that a JR is pending, but guaranteed.

    Let,s list all the mistakes including the latest one re medical evidence not being requested nor considered correctly today to save adding it on when and not if JR for the outrages and medieval way this particular case has been handled.

    You forgot to mention the Human Rights Act, and in particular Article 6, do keep uo bAAZZAs, you are slipping.


  12. #152
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    Quote Originally Posted by spitfire1964 View Post
    DWP and HMCTS have been giving notice that a JR is pending, but guaranteed.
    Hang on, it was;
    Quote Originally Posted by spitfire1964 View Post
    To remove any doubt JR up and running
    So, “up and running” in your imagination only?......
    No application actually made, then?

    Quote Originally Posted by spitfire1964 View Post
    You forgot to mention the Human Rights Act, and in particular Article 6, do keep uo bAAZZAs, you are slipping.
    That is your fantasy, not mine......

    I’m expecting “equality of arms” to crop up too, as part of the repertoire trotted out by those who don’t understand JR and article 6.
    (For clarification: “equality of arms” doesn’t require them to put forward a badly constructed case, poorly argued, just because you do!)


  13. #153
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    Default Re: Pip tribunal hearing/ advice

    I think this thread has served its purpose now.

    Thread closed.

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  14. #154
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    Default Won my pip appeal today

    Thanks to all those who contributed and a special mention to Bazooka B who gave some encouragement and sound advice throughout.

    Anyone else in the same position just stick to what you believe in and do not let them grind you down, its a long old road but all worth it.


  15. #155
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    Default Re: Pip tribunal hearing/advice **WON**

    well done


    thread title amended










    please try and donateicon to help us survive


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  16. #156
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    Default Re: Pip tribunal hearing/advice **WON**

    Thanks dx100UK


  17. #157
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    Default Re: Pip tribunal hearing/advice **WON**

    Well done from me too.

    Could you tell us how it went please? It would help other people in the same position as you.

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  18. #158
    Basic Account Holder spitfire1964 Novitiate



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    Default Re: Pip tribunal hearing/advice **WON**

    Yes of course,

    Hearing lasted about 2 hours my wife was in attendance, DWP had no representive.

    To be honest it was the first time in nearly a year that I could explain the reason's why I felt I should have been awarded PIP
    today I was able to do that, which was a relief and to be fair being questioned by the two panel members and the Judge enabled me to do just that.

    The doctor on the panel started the proceedings and highlighted the medical records and in particular the entry notes from the GP nurse indicating that I had informed her that my breathing and chest pains were not so bad as previously identified and he probably saw this as an opportunity to create an impression that my heart condition had improved, however I pointed out that this has never been the case and it could be drawn that on that day I was not experiencing any symptons but this was not periodic just on that day when asked.

    I pointed out and further in support of that theory that only a few weeks earlier my GP after running some tests clearly stated that I was suffering from angina and medication was and still has to be taking for that new condition which and despite what the doctor was trying to pin-point the fact that I had been diagnosed with angina would suggest my health condition had got worser rather than better which he could not offer a reply.


    He went on and asked me a number of questions as to why I could not do certain things which I answered,
    I pinpointed and highlighted that the medication that I was taking had a big impact on why I could not do normal things especially around the house, lack of sleep, side affects dizzy spells, fatigue, lack of motivation.


    My own personal view is that assessors and if not pointed out Tribunals unless told take on board the significance that medication has on a persons ability to be able to do things as they see as normal, the side effects of medication are and should be used as a means of a strong argument in support of reasons why someone is incapable of doing a lot of tasks but unless you identify this they will not consider these strong points.


    The assessor never highlighted this nor did he give mee the chance to highlight this during the assessment, however today they had no choice but to consider medication as a factor which I feel was a strong point in the decision and one that anyone appealing a PIP decision should place a lot of reliance on if they are on medication for their condition imo.

    The judge asked a number of questions but he identified when summing up what my problems were and in one sentence,
    he could see that before my heart attack I was living a normal life and also identified my involvement in local Youth football and indicated that as a result of the heart attack my mental condition and because of a life changing event the mental condition that I had including PTSD were linked and he could identify where the problems had come from and reasoned with my conditions as being valid and quite understandable which hit the nail on the head because in short that was the reasons for my conditions, period.

    The Disability panel member asked me to explain why I suffer from panic attacks, why I could not do daily tasks and all of these were explained, a lot of my problems derive from the day that I had my heart attack and the surgery which had to be performed on me when I was awake which made it worse and the panic and anxiety as with the depression have been linked to that event on that day.

    When you are lying there knowing there is a good chance that you are about to die and awake is not a very nice experience and it hit me for six not at the time but some 6 months later which caused and still cause me a lot of mental problems which and unless you have been put into that situation, it is hard to imaging but trust me is not nice and will affect you afterwards.

    From scoring 0 points after being wrongly medically assessed like most are subject too because of the DWP and their corrupt partners in crime Atos the awarded me 13 points which qualified me for the enhanced rate of daily living component, and 8 points which awards me the standard rate for the mobility component.

    More pleasing is the fact that I proved the assessor and the DWP were and always have been wrong and I have now proved that which means more than money, it was morally wrong how they acted how they treat the most vulnerable, so it is a small victory but more importantly anyone reading this now who are in the same position as I was,


    PLEASE, PLEASE do not give up, lose hope or make it easy for them to do what they are doing, the truth always comes out.


  19. #159
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    Default Re: Pip tribunal hearing/advice **WON**

    as this is now concluded
    thread now closed


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