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PIP Tribunal date need to change it

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7 years 1 month ago #184652 by chafur47
PIP Tribunal date need to change it was created by chafur47
The Tribunal date for PIP is set on 4 April 2017. I am mostly homebound/'bedbound. Had higher DLA rates for care and mobility. PIP removed my higher mobility rate (ex GP prescribed a wheelchair for mobility issues and heart failure), and awarded standard care rate. I am waiting to be assessed by social worker for care package because I moved LA.
I am unable to attend because:

1. Awaiting tests results from neurologist and cardiologist and waiting for more tests.
2. Carer is unable to come that day.
3. Welfare adviser is busy, not met yet to prepare for the redress of lies from Atos
Assessor.
4. Will have care package assessment within the next week or so.
5. Not ready,not been able to even look at the papers from refused MR since November
and feeling rather unwell. Unable to even look at the lies from the Atos assessor,
nauseating. Felt traumatized by the deviousness, the lies, and exaggerations.
6. Welfare adviser is too busy at the mo, he is unavailable till 22 ~March, but for a brief
tel con, then will fit me in for a longer appointment.

I do not expect my new GP to write a supportive letter on my behalf, she is on extended leave. Which is the best choice below:

1. Could they refuse to change the date on those grounds?
2. If they do refuse. Do I not appear, on 4th April, then appeal on the grounds I was unable
to prepare for the case in time citing the reasons as above in the first para?
3. Do I try and rush preparing for it, but won't be adequate, then appeal if not in my fabvour?
4. Or ??????
Thank you.

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7 years 1 month ago #184657 by Gordon
Replied by Gordon on topic PIP Tribunal date need to change it
chafur

Can you attend on your own?

If not then contact the Tribunal Service and ask for an adjournment on the basis that you cannot attend on that day.

I think it very unlikely that they will accept that you have not had time to prepare, they will take the view that you have had since you originally asked for an MR to prepare your case.

Holding a hearing in your absence may be classed as an Error of Law if you clearly indicated that you intended to attend but were unable to on the day because of lack of support.

If they don't offer an adjournment and I have to warn you that the odds are not in your favour, then you need to look at what you can do to prepare and submit your case.

Gordon

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

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7 years 1 month ago #184658 by Gordon
Replied by Gordon on topic PIP Tribunal date need to change it
chafur

Can you attend on your own?

If not then contact the Tribunal Service and ask for an adjournment on the basis that you cannot attend on that day.

I think it very unlikely that they will accept that you have not had time to prepare, they will take the view that you have had since you originally asked for an MR to prepare your case.

Holding a hearing in your absence may be classed as an Error of Law if you clearly indicated that you intended to attend but were unable to on the day because of lack of support.

If they don't offer an adjournment and I have to warn you that the odds are not in your favour, then you need to look at what you can do to prepare and submit your case.

Gordon

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

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7 years 1 month ago #184666 by chafur47
Replied by chafur47 on topic PIP Tribunal date need to change it
Thank you Gordon. Should I mention that the hearing went ahead
in my absence because I am unable to turn because of lack of support
it would be classed as an Error of Law?

Also, will the hearing strictly adhere to all the evidence I sent, but not on recent diagnosis of two weeks ago by a neurologist which evidenced all the symptoms I described.

In otherwords, I described the symptoms when I applied for PIP, but it was not diagnosed.

As for mobility, I was referred by my ex GP, who wrote mobility difficulties and heart failure. The OT expanded with vertigo, drops in bp, etc.. It was discarded by PIP for the MR. They said I sent it too late. I did however tell the assessor my wheelchair was prescribed by ex gp and ot. Can I use the evidence now that finally the ex GP and ex OT sent their reports?

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7 years 1 month ago - 7 years 1 month ago #184719 by Gordon
Replied by Gordon on topic PIP Tribunal date need to change it
chafur

I did say that it might be classed as an Error, you won't know if this is the case until a hearing is held in your absence, so no! I would not raise it as an issue with the TS.

Providing it is clear from your evidence that you were suffering from the effects of this new diagnosis at the time that you were assessed then there should be no problem with the Tribunal panel considering them, they will only disregard them if they believe that the issues started later.

Yes, there is no reason why you cannot submit these reports.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 month ago by Gordon.
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