LameDuck wrote: I have sent off for the statement of Reasons and have also asked for a new PIP claim form.
I've been beating myself up ever since the appeal, wishing that I'd said this or that, but after being bombarded with questions for an hour, I wasn't relaxed enough to actually think.
Apart from the DWP rep asking me questions or making comments, the 'independent' doctor mentioned a particular surgery I had undergone in 2010 and said in passing that she had seen the x-rays. When I asked what x-rays, she pointed to the medical report, but after studying the medical report, no x-rays are mentioned.
Would this alone give me a reason to appeal? She obviously has used her position to check my full medical records, that were not included in my medical history,
She even asked me when did I last go on holiday - which is, as far as I know, nothing to do with PIP.
Hi LameDuck,
Ideally you should have asked the judge to note what the medical member said in the record of proceedings, although I understand in the pressure of an appeal hearing, it would be difficult to remember this.
It is an error of law and a breach of natural justice, for a tribunal to consider any evidence that is not contained in the appeal papers and available to all parties to the proceedings. The court of appeal has ruled that it is an error of law if a tribunal member "appears" to be asleep, so if the medial member appears to have got you confused with another appellant or believes that she has seen your x-rays when she hasn't, there is a potential ground of appeal.
As Mrs H said, you need to get face-to-face advice when you get your statement of reasons.
Good luck,
Derek
