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F.A.O Gordon

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6 years 6 months ago #198710 by s3an
F.A.O Gordon was created by s3an
Gordon,
As you aware I failed my tribunal, the tribunal heavily relied upon a specialist nurse report.
The report contradict it self and totally misrepresent me.
I have now asked for a set-side or allow to appeal to UTT. I have lodge a complaint against
The NHS nurse,Attended a three hours meeting and discussed my concerns today.
Now the complaint investigator after seeing evidence want to contact DWP to see how or if there was a way forward to reinstating pip.
I told the investigator this was little too late after having been to a tribunal and loosing.
What could you suggest.
Their have admitted the report is not fit for purpose and should have never been written the way it was.

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6 years 6 months ago #198716 by Gordon
Replied by Gordon on topic F.A.O Gordon
s3an

This is difficult!

The Tribunal can only consider the evidence that was available to them at the hearing, it may be possible to get a Set Aside on the basis that that the report has now been withdrawn by the Assessment Provider, do you have this is writing?

Your problem arises if the Set Aside is not given, I'm not sure that the report being withdrawn will constitute an Error of Law, that's not to say that you should not present it as such, just that I am uncertain of it being successful.

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6 years 6 months ago #198718 by s3an
Replied by s3an on topic F.A.O Gordon
Gordon,
Wasn't the assessment provider report to be honest this was all for me.
The report in question is the ADHD specialist nurse Who ATOS requested.
I told tribunal this report is not fit for purpose because it contradict it self and i did submit further evidence which would have blown this report apart.
Tribunal lost because the report is written by professionals and the tribunal believed them over me.

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6 years 6 months ago #198720 by Gordon
Replied by Gordon on topic F.A.O Gordon
s3an

I'm sorry but I don't understand why ATOS would produce a second report, they are only contracted to produce an assessment report for the DWP.

Gordon

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6 years 6 months ago #198721 by s3an
Replied by s3an on topic F.A.O Gordon
Gorden,
Atos wrote to my adhd nurse for further information before asking to come in for assessment.The assessment report produce for DWP was all in my favour.
The tribunal then decide to use this report off ADHD nurse which in return the tribunal said i should have never been awarded pip.

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6 years 6 months ago #198722 by Gordon
Replied by Gordon on topic F.A.O Gordon
s3an

All you can do is raise the issue and see what happens.

Gordon

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