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Details regarding PA5 document?
- Boomer
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7 years 2 months ago #182481 by Boomer
Details regarding PA5 document? was created by Boomer
New topic started as my last post was nearly a year ago and PIP situation is still ongoing albeit in another phase.
May I ask if a PA5 is generated automatically or actioned by DWP if a MR/ Tribunal is sought?
Additionally, am I correct in thinking a tribunal will not listen to sections of audio tape from the ATOS f2f in support of a claim?
Thank you.
May I ask if a PA5 is generated automatically or actioned by DWP if a MR/ Tribunal is sought?
Additionally, am I correct in thinking a tribunal will not listen to sections of audio tape from the ATOS f2f in support of a claim?
Thank you.
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7 years 2 months ago #182501 by Gordon
The DWP will only use the documentation used in the making of the Decision, they cannot generate new evidence for an appeal, so if a PA5 was produced during the original Decision then it will be available, and if it wasn't then it won't.
Gordon
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Replied by Gordon on topic Details regarding PA5 document?
Boomer wrote: New topic started as my last post was nearly a year ago and PIP situation is still ongoing albeit in another phase.
May I ask if a PA5 is generated automatically or actioned by DWP if a MR/ Tribunal is sought?
Additionally, am I correct in thinking a tribunal will not listen to sections of audio tape from the ATOS f2f in support of a claim?
Thank you.
The DWP will only use the documentation used in the making of the Decision, they cannot generate new evidence for an appeal, so if a PA5 was produced during the original Decision then it will be available, and if it wasn't then it won't.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #182699 by Boomer
Replied by Boomer on topic Details regarding PA5 document?
Thank you Gordon.
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7 years 2 months ago #183000 by Boomer
Replied by Boomer on topic Details regarding PA5 document?
OK, after winning a tribunal are the DWP likely to appeal it?
I will post a thread later about my Tribunal experience and the massive help I received here.
Also in the letter from the Tribunal hearing is states they cannot compel the DWP etc to pay benefits, unlike a court. I take it that is standard wording from a tribunal though?
I will post a thread later about my Tribunal experience and the massive help I received here.
Also in the letter from the Tribunal hearing is states they cannot compel the DWP etc to pay benefits, unlike a court. I take it that is standard wording from a tribunal though?
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7 years 2 months ago #183028 by Gordon
The DWP have the same right of further appeal as you do, they cannot appeal because they disagree with the Decision, only because they can show that there was an Error of Law in the making of it. This would be unusual.
The comment by the TS is standard.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Details regarding PA5 document?
Boomer wrote: OK, after winning a tribunal are the DWP likely to appeal it?
I will post a thread later about my Tribunal experience and the massive help I received here.
Also in the letter from the Tribunal hearing is states they cannot compel the DWP etc to pay benefits, unlike a court. I take it that is standard wording from a tribunal though?
The DWP have the same right of further appeal as you do, they cannot appeal because they disagree with the Decision, only because they can show that there was an Error of Law in the making of it. This would be unusual.
The comment by the TS is standard.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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