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PIP appeal tribunal - evidence question
- Limage
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5 years 2 months ago #228830 by Limage
PIP appeal tribunal - evidence question was created by Limage
Hello
My wife applied for pip in May 2018 and was turned down as she was following a Mandatory Reconsideration. The decision was made in August. She is going for appeal.
In the original application and MR submission she did not have available strong medical evidence.
Going forward towards appeal tribunal she has now gathered particularly 'strong' medical evidence.
Will this evidence be admissible even though the documentation is dated AFTER the August date of decision?
If not admissible, would the advice be to submit a new application?
Many thanks for any advice.
My wife applied for pip in May 2018 and was turned down as she was following a Mandatory Reconsideration. The decision was made in August. She is going for appeal.
In the original application and MR submission she did not have available strong medical evidence.
Going forward towards appeal tribunal she has now gathered particularly 'strong' medical evidence.
Will this evidence be admissible even though the documentation is dated AFTER the August date of decision?
If not admissible, would the advice be to submit a new application?
Many thanks for any advice.
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- Gordon
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5 years 2 months ago #228841 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal tribunal - evidence question
Limage
The reports can be dated after the Decision but they must make it clear that they apply to the date of the Decision, if they don't then it is likely that they will be ruled as out of the scope of the appeal, this will certainly be the case if the author had not seen your wife prior to the Decision.
Making a new claim might be sensible but you need to understand that doing so will result in a new Decision and the new Decision will supersede any Decision that might result from her appeal. So looking at a worst case scenario; the Tribunal make an award and the new claim results in no award, then it is the no award that will be carried forward although it does create a new right of appeal.
Gordon
The reports can be dated after the Decision but they must make it clear that they apply to the date of the Decision, if they don't then it is likely that they will be ruled as out of the scope of the appeal, this will certainly be the case if the author had not seen your wife prior to the Decision.
Making a new claim might be sensible but you need to understand that doing so will result in a new Decision and the new Decision will supersede any Decision that might result from her appeal. So looking at a worst case scenario; the Tribunal make an award and the new claim results in no award, then it is the no award that will be carried forward although it does create a new right of appeal.
Gordon
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- Limage
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5 years 2 months ago #228845 by Limage
Replied by Limage on topic PIP appeal tribunal - evidence question
Hi Gordon
Many thanks for your reply. Just one clarification if possible:
When you say "must make it clear that they apply to the date of the Decision,", does this mean that the author (GP, Consultant etc) needed to refer to the Decision date IN the document/letter/report? Most of the document evidence is from ongoing appointments/assessments which happened after the Decision date. They make no reference to the actual date. Just factual information regarding my wife's condition and how it impacts.
I suppose would it suffice for her/us to make reference in our own correspondence?
Many thanks for your reply. Just one clarification if possible:
When you say "must make it clear that they apply to the date of the Decision,", does this mean that the author (GP, Consultant etc) needed to refer to the Decision date IN the document/letter/report? Most of the document evidence is from ongoing appointments/assessments which happened after the Decision date. They make no reference to the actual date. Just factual information regarding my wife's condition and how it impacts.
I suppose would it suffice for her/us to make reference in our own correspondence?
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5 years 2 months ago #228851 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal tribunal - evidence question
Limage
It will depend on how much gap there is between the date on the reports and the date of the Decision, the risk is that the panel assumes a report documents how she was on the day it was written and not how she was when assessed, changes that post-date the Decision cannot be considered by the panel.
You can head off some concerns by explaining how her conditions might change over time, it will help if they are stable.
It's not impossible that the DWP might raise concerns about the reports but it is down to the appeal panel to decide what they consider or not.
Gordon
It will depend on how much gap there is between the date on the reports and the date of the Decision, the risk is that the panel assumes a report documents how she was on the day it was written and not how she was when assessed, changes that post-date the Decision cannot be considered by the panel.
You can head off some concerns by explaining how her conditions might change over time, it will help if they are stable.
It's not impossible that the DWP might raise concerns about the reports but it is down to the appeal panel to decide what they consider or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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