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TOPIC: PIP Tribunal Hearing letter arrives too late

PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202197

I got my letter for a hearing to be held on 1/12/2017 on 25/11/2017, less than a week before the hearing itself, but the letter was dated 7/11/2017, so it took more than 2 weeks to get to me, and they said send in any evidence more than a week before the hearing date, but this is now impossible; so I asked on the phone for a postponement, and I am to phone back on Thursday, one day before the hearing, to see if the postponement will be granted. If not, I am to attend the hearing even if my evidence is incomplete, and anything new might be inadmissible - but this is because the letter did not arrive early enough. What if they make the wrong decision because new evidence is considered inadmissible ?

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PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202214

Peterthemodest

If they do then your options are limited, they will likely take the view that you had considerable time before the hearing was announced to have provided your evidence and submission to the Tribunal Service.

I'm sorry if this seems hard.

Gordon
The following user(s) said Thank You: gma001

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

PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202216

Can I appeal to a higher tribunal ?

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PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202225

Peterthemodest wrote: Can I appeal to a higher tribunal ?


Only if you could show there had been an Error of Law in the making of the Decision.

When did you request an appeal?

Gordon

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PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202230

About 6 months ago, but the new evidence would be a short report from my GP, who said that he could not do a report unless the DWP requested one, which they did not; however, if and when I actually received notice of a hearing date, he could do a report then - which did not seem to make much sense; but, if the letter had arrived earlier, I would have been able to show it to him and he would then have been able to have it ready in time for me to submit it to the Clerk of the Tribunal within 7 days of the hearing, as it said was required in the letter. To arrive 6 days before the tribunal hearing makes this impossible, but this would be important and perhaps decisive evidence. Hence, an error in evidence might lead to a mistaken decision, but does that amount to an error in law if the Tribunal itself gives insufficient notice time for a claimant to obtain necessary evidence ?

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PIP Tribunal Hearing letter arrives too late 2 weeks 3 days ago #202232

Peterthemodest

If you can source the letter you could take it with you to the hearing, the panel may accept a single page of new evidence on the day.

Would it be an Error, as I said before they will almost certainly take the view that you have had six months to source evidence for your hearing, notwithstanding what your GP said.

Gordon

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