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Can an appeal tribunal refuse to hold a hearing?

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6 years 9 months ago #192579 by Nickjb
Hi - bit of a vague question now but a lady I know has appealed against her PIP decision. On going from DLA to PIP she went from Higher rate care and Higher rate mobility to nothing. MR did not overturn the decision so she appealed in April. She asked me for advice as knows I claim PIP and appealed against ESA. I am seeing her tomorrow but she rang my husband to say she had a letter saying appeal was logged no problem and then sent in more evidence but had a letter saying now they decided not to overturn the decision? I said I would need to see the letter as really can't understand how this can be done without a hearing - she said she asked for an appeal hearing and didnt get a date? Any advice I can pass onto her please - I know I need to see the letter myself in case she has got it muddled with MR but has the law been changed recently to allow appeals to look at form and decide there and then without a hearing if you requested one to make their decision? My experience doesnt cover this and I just want to point her in right direction as she cannot use a forum as suffers severe depression amongst other things and cannot concentrate. Any useful info would be much appreciated. She lives in Wales by the way thanks

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6 years 9 months ago #192586 by Gordon
Nick

I'm sorry but it's too vague to offer advice, I'm happy to try and help once you have some understanding of what the letter says.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 9 months ago #192594 by Nickjb
Yes thanks I know - I will visit her tmw and see the letter - it sounds like MR to me but I need to see it - will be in touch if necessary thank you Gordon

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6 years 9 months ago #192614 by Nickjb
Hi Gordon - saw the letter this morning. Would appear that she sent it a letter from her GP as in initial paperwork HCP said they couldnt read GP letter so he did another one a bit more detailed and typed up. The lady sent it to the appeal with some other notes in reply to the HCP report and seems they (Tribunal) sent it to the DWP who replied saying their decision still stands so Tribunal sent a copy of this to the lady to add to her bundle of paperwork. I advised her to ring Tribunal just confirm this and see how long appeal will be but it appears all ok - the tribunal just sent her a copy of DWP response to her additional evidence. thanks
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