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Awaiting Pip tribunal/medical evidence not scanned

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5 years 1 week ago #247564 by Beth
Hi I’m asking if you could advise me on my PIP tribunal. On a previous thread I asked advise as I received two different letters on the 16/03/20 from the same judge on the same day but with two different decisions on my case. One was a refusal and one was adjournment, requesting more medical evidence, for me to come to a face to face hearing and for the dwp to send in any reports for the last 3 years.
I contacted the courts helpline 4 times and they confirmed that my case was still live and to follow the adjournment instructions and provide the paperwork within 28 days.
I sent a letter of support from my GP, letters of diagnosis dated back from 2005 and my last ESA report which was February this year. Keeping me in the support group where I have been for over 10 years.
The courts received all of this evidence on the 30/3/20 and the help centre has it on their notes, I had it special delivered with signature BUT i haven’t received a text message or email to say they have received it and are processing and sending out to all relevant parties.
It’s now been over a month since they received it, I understand they have skeleton staff at present but I’m worried why it’s not been processed yet. Until it is my case cannot be re listed for another hearing.
Will this time delay go against me?
How can someone recognised by ESA that they have limited capability for work due to disability or long term health condition yet PIP doesn’t? PIP is for financial help for people living with a disability or long term health condition....
The PIP assessor used my last ESA report to make their decision, how can she do this when apparently they have totally different criteria's?
Both letters from 16/03/20 are still on my case file, how do I appeal that this is a conflict of information that I feel will go against me?
Sorry for the long post, I’m just tired of fighting! It’s taken me 15 years to apply for this, I was stupid for not doing it earlier and now because I hadn’t previously applied, I think this will go against me.
Any advice or clarity to my questions would be gratefully received.

Thankyou

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5 years 1 week ago #247581 by Gordon
Beth

I would contact the TS about the information that you supplied, I would have expected you to have received a copy back by now.

The delay will have no impact on the Decision that will be made.

There is a document in the PIP area that shows, what we think, are the areas of overlap between the two benefits, you can use it to either dispute the comments of the assessor or to support your own arguments.

Gordon

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

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5 years 1 week ago #247583 by Beth
Thanks for your reply, I’ve contacted the TS weekly since it was received, only to be told it’s still not been processed yet and due to skeleton staff it could be sat in someone’s tray... not very helpful. I’ve also emailed the Bradford tribunal court that I was advised to send it to, as that’s where the adjournment letter came from. An automated email of receipt of my email but no response as yet.
Every week I get the same answer, we’re not sure who has the paperwork or when it will be scanned.

I feel like I’m on a loosing battle due to the mistaken decision letter still on my case file. Would this be a case for conflict of information if I do not win and therefore reason to take it to upper tribunal?

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5 years 1 week ago #247589 by Gordon
Beth

If the TS is aware that they need to distribute the papers then I'm afraid that there is little that you can do, this is the world that we are now living in.

No, this would not be something that you could take to the UTT, you can only make a further appeal based on the Decision made by the panel or Judge who hears your appeal.

Gordon

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

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5 years 1 week ago #247609 by Beth
Thankyou for the clarification Gordon. It’s just a waiting game now I guess.
I’m dreading having an oral hearing but feel lucky that I’ve been invited to have one and that they haven’t just ruled against me.

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