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Question about evidence

  • Jox
  • Topic Author
13 years 5 months ago #59324 by Jox
Question about evidence was created by Jox
I have a report from my consultant that states i have pain on walking and find it very difficult to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living.

I was asking questions on another forum and was told that my evidence was not very good because it only states "pain" and not "sever pain or sever discomfort" which the dwp/tribunal want to hear and that i should not submit that report on this basis because sever discomfort is more than pain ( but i have already submitted it)


Also they mentioned that while my reports says i find it very difficult to get dressed etc etc it doesn't mention that this causes me sever pain.

Now those things all do cause sever pain which the report dose not mention but i was under the impression that its not just about weather they cause you sever pain anyway the point is that you have difficulties doing them which results in you reasonably requiring help to do them?

im not sure if this person is genuinely trying to give help full advice or is trying to scare me but the latter is certainty working.

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13 years 5 months ago #59326 by Gordon
Replied by Gordon on topic Re:Question about evidence
Jox

They have got it the wrong way around.

Pain is more/worse than significant discomfort.

I would not be overly concerned with regard to what your Consultants report says. Tribunals tend to take these reports as supporting evidence, there primary source being the claimant themselves.

Hope this helps.

Gordon

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

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  • pata1
13 years 5 months ago #59334 by pata1
Replied by pata1 on topic Re:Question about evidence
Jox wrote:

I have a report from my consultant that states i have pain on walking and find it very difficult to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living.

I was asking questions on another forum and was told that my evidence was not very good because it only states "pain" and not "sever pain or sever discomfort" which the dwp/tribunal want to hear and that i should not submit that report on this basis because sever discomfort is more than pain ( but i have already submitted it)


Also they mentioned that while my reports says i find it very difficult to get dressed etc etc it doesn't mention that this causes me sever pain.

Now those things all do cause sever pain which the report dose not mention but i was under the impression that its not just about weather they cause you sever pain anyway the point is that you have difficulties doing them which results in you reasonably requiring help to do them?

im not sure if this person is genuinely trying to give help full advice or is trying to scare me but the latter is certainty working.


Hi Jox,

There is a good explanation of what constitutes 'severe discomfort' HERE

Hope this helps.

Pat

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  • Jox
  • Topic Author
13 years 5 months ago #59338 by Jox
Replied by Jox on topic Re:Question about evidence
Thank you very much that makes it more clear.

noticed this quote from your link

"the risk of walking increasing damage to an affected area or causing a general deterioration in your condition"


I have pert-hes disease my hip is very worn out my consultants report stated that it was likely i would need a hip replacement

would it be reasonable for me to say that walking will cause a deterioration in my health as my hip is already very worn and is on the very limits of needs a hip replacement ( i am now actually on the waiting list for a hip replacement but wasn't at the time of the claim)

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