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Extra info to appeal

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6 years 4 months ago #201895 by Chaza123
Extra info to appeal was created by Chaza123
My partners esa was stopped after a medical after mandatory reconsideration we have gone to appeal ( date not yet known )
We have received the reply from the dss .
We have numerous issues with the medical report and also numerous issues with the decision makers report I.e. the medical report has numerous inconsistencies, the decision makers report also has mistakes making decisions and stating facts which aren’t n the report e.g states partner can lift hands above shoulder medical reports states she can’t
Is it worth writing a full report pointing out all the discrepancies and submitting to tribunal prior to hearing ,will they read it prior to hearing will copy go to dss etc
We asked gp for full report they indicated they no longer do them as they find it makes no difference to the outcome
Any advice would be appreciated I don’t want to upset the tribunal but the standard of the reports is laughable

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6 years 4 months ago #201908 by Gordon
Replied by Gordon on topic Extra info to appeal
Chaza

Yes you should address the issues from the report, but your primary task must be to show that your partner meets the criteria for an award. Showing problems with the report is important, but is of no value if you have not shown that they meet sufficient Descriptors for an award.

Do you know how they qualified last time? What Descriptors did they expect to score for this time?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chaza123

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6 years 4 months ago #201990 by Chaza123
Replied by Chaza123 on topic Extra info to appeal
Just an update my partner recieved a letter today from the appeal tribunal we don’t have a court date yet however the judge has ordered the DWP to update him/her within 14 days what if any pip awards my partner has ( she is currently on dla but has to submit pip forms b6 301117)

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6 years 4 months ago #202003 by Gordon
Replied by Gordon on topic Extra info to appeal

Chaza123 wrote: Just an update my partner recieved a letter today from the appeal tribunal we don’t have a court date yet however the judge has ordered the DWP to update him/her within 14 days what if any pip awards my partner has ( she is currently on dla but has to submit pip forms b6 301117)


This is good as it means that the panel will also be looking to see if there has been any realistic change since you were last awarded PIP.

Gordon

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

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