No Appeal as no new evidence!!!

missfaffy wrote: Despite waiting 7 months I have had a letter today to say that as I have not provided further medical evidence there are no grounds to revise the decision under appeal. I have provided evidence but they will not take it into account as its after my assessment. Its a catch 22. Has anyone else been in this situation. I am thinking of taking my case to the European Court of Human Rights as surely this is not legal what they are doing.

As a Tribunal re-makes the Decision appealed it can only consider evidence that is relevant to your conditions at that time. You say that you submitted new evidence, was it clear that it was relevant to your conditions at the time of the original Decision?

If it was dated after the Decision and made no such reference then it may have been considered out of scope for what they could look at.

Was this a hearing that you attended or a Paper one that you did not?

As no award was made I would ask for a Statement of Reasons from the Judge that heard your case, there may still be an opportunity to take the matter further in an appeal to the Upper Tier Tribunal. This can only be done on the basis that there was an Error of Law in the making of their Decision

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You can also make a new claim for PIP, there is no waiting time for you to do this.

Gordon