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Tribunal Hearing

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13 years 2 months ago #44369 by mistake
Tribunal Hearing was created by mistake
Hi
I wonder if anyone knows the answer to my query. I had my mobility allowance stopped and care reduced from mid to low level at renewal; due I am sure to an unhelpful report giving incorrect answers from my GP.

I appealed but they did not change their decision so I have requested a tribunal hearing. Since my request they have received a further medical report from my consultant, which they had actually requested but not received prior to their appeal decision.

If iv understood correctly, the info pages indicate they should now consider the case again before the tribunal hearing? is this in fact the case?

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13 years 2 months ago #44370 by Derek4
Replied by Derek4 on topic Re:Tribunal Hearing
Hi Sheils

I'm a bit confused when you say that you appealed and then requested a tribunal hearing, as a tribunal hearing is an appeal.

Before the appeal the DWP have an opportunity to change their decision. This is known as a Reconsideration. I think this is what you mean by appeal.

If they do not change their decision, then the case gets passed to the appeal tribunal (unless you only asked for a reconsideration), which is independent of the DWP and a complete rehearing of the case.

The new pages should be numbered with copies sent to you to include in your appeal papers, and these documents will be in front of the tribunal and considered.

Hope this helps

Derek

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13 years 2 months ago #44375 by mistake
Replied by mistake on topic Re:Tribunal Hearing
Hi Derek, Sorry if I confused anyone. Thats is how it happened but because they now have new evidence back from a Consultant requested by them, but which arrived after the case was passed to the appeals tribunal, will they look at the case again before the tribunal hearing.

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13 years 2 months ago #44380 by Derek4
Replied by Derek4 on topic Re:Tribunal Hearing
Ah, I understand now. Before the tribunal means prior to the tribunal. I thought you meant in front of the tribunal.

It sounds like the DWP are going to look at the case again. If they don't revise their decision then it will go to the tribunal.

Best of luck

Derek

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