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TOPIC: Tribunal then upper tier

Tribunal then upper tier 4 weeks 18 hours ago #197703

Advice needed , I have sought legal advice and lawyer feels my tribunal erred in law in regard to deliberations, I had provided what the lawyer called legal factual medical documents in the form of medical records , proving I was attending the following, a CPN at time of claim and had been seeing various ones for a significant time , I also provided evidence of attending COPD clinic over same period of claim , as was diagnosed with COPD month before PIP form came and attended over for over 3 months, my GP also provide evidence of attending the pain clinic which I assumed the medical professional would recognise include physiotherapy and also include pain and physiotherapy educational advice for me an family to follow, all were ignored by the tribunal.

The tribunal made there decisions based on what statement of reasons tells me by saying no significant psychiatric input from CPN etc , no significant Physiotherapy input and no COPD input and kept my award at lower rate, despite including evidence of attending all the above as evidence including additional evidence from surgeons and added them all on who to contact in PIP form as well as showing I had been seeing a CPN in each of the preceding 3 years and pain clinic and physiotherapist for two years and surgeons since 2009.

Are the lawyers correct and the assessor , DWP decision maker and even the tribunal should not have discounted that evidence ? I ha d two surgeons letters one older one were surgeon said I could not walk more than 15 meters and a newer one were surgeon wrote I informed her that I could not do more than 20 meters, the panel decided I could do 20 - 50 meters as this was what they called a self report , the lawyer said when we go to GPs or consultants patients do self report, that is how a GP or consultant makes a diagnosis based on patients overall history and current and future conditions , the lawyer states if the surgeon disagreed with what I was saying she would not have put it in the supporting letter .

Lawyer was also unhappy and felt some questions by medical professional were inappropriate like asking me how I knew the word prompt and when I said I was on high dose of pain opiates ( Fentanyl) the medical professional said but it was not the strongest, so he wants to go to upper tier due to what he calls errors in law at deliberations by the tribunal, is he correct ?

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Tribunal then upper tier 4 weeks 17 hours ago #197720

abp

I'm sorry but we cannot comment as we have no sight of any the papers involved!

Could they be Errors, yes! Are they? Only a UTT Judge can decide this.

You are, I assume, paying for this advice, as long as you are happy that your solicitor has experience of Social Security appeal then you should consider following there advice.

Gordon

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

Tribunal then upper tier 4 weeks 17 hours ago #197734

Sorry, I was just wanting to really know can there be errors in tribunal deliberations ?

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Tribunal then upper tier 4 weeks 16 hours ago #197738

abp1873 wrote: Sorry, I was just wanting to really know can there be errors in tribunal deliberations ?


Most definitely yes.

Gordon
The following user(s) said Thank You: abp1873

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