Strategies for challenging PIP no points

Knock me down with a feather.

I had the news last week that my application to the UTT for permission to appeal has been accepted by the UTT.

Amazing.

They say it is ‘well arguable’ that there was a breach of natural justice, for three reasons (all based on the doctor’s untrue statement that my doctor had been struck off); and there was a ‘failure to deal sufficiently with the claimant’s evidence’ (that my problems are worse in the morning, and not non-existent after 11.00am.)

I have to send back a form within the month, saying whether or not I agree with the FTT being set aside solely on the grounds they gave, and the case being referred back for a new FTT.

They actually seem to have read my arguments, and picked out what I assume they found most relevant legally. It appears the doctor’s false statement was a problem because of its consequences rather in itself, interestingly. And ‘failure to deal with the evidence’ is quite a neat way of summing up my two pages of waffle on that bit, really.

So, I guess I agree with them and send the form back.

I know the forum doesn’t advise on this, but does anyone know if they write and ask me about dates I’m not available before setting a new FTT date, or should I put that in a covering letter with the form?

And will the new FTT know about the previous FTT and why I appealed to the UTT?

Many thanks, glad to see B&W back on line

I’ve had two letters from HMCTS, they will be arranging a new FTT, and want my consent to contact my GP for further medical evidence. (I gave DWP consent in my original application but they never bothered to contact him.)

I guess I have to give the consent – do you know if HMCTS have a form they send to the doctor, or will they ask questions specific to my case?

I’m about to go on holiday for a month, so getting to see the doctor before he replies will be tricky.

Many thanks