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PIP TRIBUNAL APPEAL - ADVICE NEEDED

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7 years 5 months ago #171523 by daveb123
PIP TRIBUNAL APPEAL - ADVICE NEEDED was created by daveb123
Hi I am appealing my PIP award decision.

I am just wondering if its better to withold my appeal evidence until very near to the appeal, as I understand that they send it to the DWP, for them to comment on.

I also covertly recorded the medical using a digital recorder, and have had the interview transcribed, and the DWP have included lots of case-law and legal rulings in my appeal bundle, Does anyone know how I am best getting the tribunal to accept my recording and transcription, as the majority of my arguments are over the medical report produced by ATOS?

Any help would be brilliant ... Thank you.

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7 years 5 months ago #171537 by Gordon
Replied by Gordon on topic PIP TRIBUNAL APPEAL - ADVICE NEEDED
Dave

There no point your holding back information, in particular, all of your evidence must be with the Tribunal Service no later than 7 days before your hearing, we have just had another member have their hearing adjourned for failing to do this.

Just include the transcript in your evidence, they will either have an interest in it or they will not, Tribunals are not like a court case , where the prosecution makes it's case and then the defence makes theirs. The panel will choose what questions they want to ask about your limitations, even if the DWP are present (they usually are not), they may not be asked anything if the panel do not think they need to. You will have an opportunity an the end of the hearing to cover any points that you believe have not been covered.

Please be aware, you will only receive an award because you have shown that you meet the criteria for one, rebutting the assessment report is important but will not in itself result in an award. I would recommend that you go through your PIP2, the assessment report and the PIP Claim guide to show that you meet the requirement of the Descriptors that you expect to score against. Many of these will have multiple elements, you must show that you meet all of these requirement in order to score the points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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7 years 5 months ago #171583 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic PIP TRIBUNAL APPEAL - ADVICE NEEDED
Hi Gordon or colleague

I see you didn't clear my post on recording medical assessments. Tribunals are and do often accept medical assessments which have been covertly.

All Tribunals are now part of HMCTS and so all tribunals must follow the same rules. I have so far been unable to trace a DLA or PIP Tribunal, where a covert recording has been allowedbut to reiterate, when I sat on DLA Tribunals, I recall of at least 5 cases where the Tribunal allowed appellants to play covertly recorded medical assessments.

Appellants can ask a Tribunal to consider a covert recording as additional evidence during an appeal. The acceptance of the recording as evidence is at the discretion of the Tribunal. See
Covert recordings may be admissible evidence in an Employment tribunal, if the Claimant’s application is appropriate, with supporting evidence. Here’s a links to the case: Vaughan v Lewisham www.gannons.co.uk/employment/employees/c...employment-tribunal/.

This was an EAT Tribunal, but as ALL Tribunals are part of the HMCTS, they must follow the Rules of Natural Justice, i.e. 'fair play at work' See also www.acas.org.uk/index.aspx?articleid=4310

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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