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Evidence considered at tribunal
- satmanbasil
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8 years 10 months ago #161222 by satmanbasil
Evidence considered at tribunal was created by satmanbasil
Hi
My grand daughter recently had a second PIP's assessment, in her first she received enhanced rate both mobility and care but this time round only standard rate in both cases. There has been no improvement in her condition since the last award which was only a year ago her second assessment was done almost a year before the first award was due to run out.
Anyway she has applied for second reconsideration of the pip's, she did not have a copy of the HCP report at the time of requesting the reconsideration but pointed out some of what she disagreed about from the scored points she received within the award letter, she also stated that we may on sight of the HCP report add to the reasons for a review.
Anyway like all young people she wanted to know the outcome and when the assessor rang her to say he/she could look at the case or wait for her to receive the HCP report she gave permission for it to go ahead without reading the report.
Anyway the outcome was to agree with the original decision so the only way forward now is by appeal to the tribunal, my question is now we have sight of the HCP report if we see any further reasons this should be wrong can at the appeal hearing have these facts taken into account the reason i ask this is because in my own ESA tribunal hearling certain documents proving my illness were not allowed to be taken into consideration due to them not being known by the decision maker at the time of his/her decsion and Im thinking this may apply to my grand daughter case as well if we at putting our case for the appeal state reasons the second decision maker was not aware we would argue in our case. do you know the rules regarding evidence the tribunal will consider.
My grand daughter recently had a second PIP's assessment, in her first she received enhanced rate both mobility and care but this time round only standard rate in both cases. There has been no improvement in her condition since the last award which was only a year ago her second assessment was done almost a year before the first award was due to run out.
Anyway she has applied for second reconsideration of the pip's, she did not have a copy of the HCP report at the time of requesting the reconsideration but pointed out some of what she disagreed about from the scored points she received within the award letter, she also stated that we may on sight of the HCP report add to the reasons for a review.
Anyway like all young people she wanted to know the outcome and when the assessor rang her to say he/she could look at the case or wait for her to receive the HCP report she gave permission for it to go ahead without reading the report.
Anyway the outcome was to agree with the original decision so the only way forward now is by appeal to the tribunal, my question is now we have sight of the HCP report if we see any further reasons this should be wrong can at the appeal hearing have these facts taken into account the reason i ask this is because in my own ESA tribunal hearling certain documents proving my illness were not allowed to be taken into consideration due to them not being known by the decision maker at the time of his/her decsion and Im thinking this may apply to my grand daughter case as well if we at putting our case for the appeal state reasons the second decision maker was not aware we would argue in our case. do you know the rules regarding evidence the tribunal will consider.
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- Gordon
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8 years 10 months ago #161223 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Evidence considered at tribunal
satmanbasil
No this will not be an issue, your/her reasons why she meets the criteria for an award would not be classed as evidence in this context.
The usual reason for denying the use of evidence for a Tribunal hearing is that the claimant is unable to show that it relates to the date of the their assessment.
Gordon
No this will not be an issue, your/her reasons why she meets the criteria for an award would not be classed as evidence in this context.
The usual reason for denying the use of evidence for a Tribunal hearing is that the claimant is unable to show that it relates to the date of the their assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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