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Telephone Appeal
- wing
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3 years 7 months ago #261741 by wing
Replied by wing on topic Telephone Appeal
Thank you for your reply and reassurances especially about the wheelchair.
I think I've been unnerved by them not sending me the latest bundle with the evidence. Hopefully, they can email it to me this week if it does not turn up in the post.
Just been going through the bundle I've got to remind myself of the points, as it's been such a long time. I'm still quite astonished at the HP report that completely contradicts what I wrote and said at the assessment. I did point out the inconsistencies when I did the MR and Appeal submission.
Let's just hope that the Tribunal can see through it all and I will make a good enough case for them to award me. At the very least, I have had a good go at it even if they don't.
Thanks again and will let you know what happens.
I think I've been unnerved by them not sending me the latest bundle with the evidence. Hopefully, they can email it to me this week if it does not turn up in the post.
Just been going through the bundle I've got to remind myself of the points, as it's been such a long time. I'm still quite astonished at the HP report that completely contradicts what I wrote and said at the assessment. I did point out the inconsistencies when I did the MR and Appeal submission.
Let's just hope that the Tribunal can see through it all and I will make a good enough case for them to award me. At the very least, I have had a good go at it even if they don't.
Thanks again and will let you know what happens.
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3 years 7 months ago #261750 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
Good luck with your appeal, whenever I go through the bundle I usually concentrate on the PA4 (assessors report) and highlight any inaccuracies. Make yourself a bullet point list of errors that you want to tell the tribunal.
In principle, it should be no different from a face to face appeal, there should still be three members on the panel although it is possible that there will be less. The questioning will still be about your limitations in regard to the PIP activities.
Some practical advice;
- have a glass or better still a jug of water available
- make sure you are seated in a comfortable chair, you are going to be there a while
- create a bullet list of any issues you want to be covered
- have the papers available, so you will need to be sitting at a table or similar, if you need to refer to a particular document then do so using the handwritten number usually in the right-hand top corner
- pen and paper in case you need to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
- you cannot record the hearing even for personal purposes
Come back to the forum and let us know how you get on.
Gary
Good luck with your appeal, whenever I go through the bundle I usually concentrate on the PA4 (assessors report) and highlight any inaccuracies. Make yourself a bullet point list of errors that you want to tell the tribunal.
In principle, it should be no different from a face to face appeal, there should still be three members on the panel although it is possible that there will be less. The questioning will still be about your limitations in regard to the PIP activities.
Some practical advice;
- have a glass or better still a jug of water available
- make sure you are seated in a comfortable chair, you are going to be there a while
- create a bullet list of any issues you want to be covered
- have the papers available, so you will need to be sitting at a table or similar, if you need to refer to a particular document then do so using the handwritten number usually in the right-hand top corner
- pen and paper in case you need to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
- you cannot record the hearing even for personal purposes
Come back to the forum and let us know how you get on.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: wing
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3 years 7 months ago #262015 by wing
Replied by wing on topic Telephone Appeal
Hi Gary and everyone,
You wouldn't believe it but my Tribunal Hearing this morning was adjourned for the third time!
The Judge wanted medical evidence from Jan 2018 and some DWP evidence of "work assessment" in 2003.
I pointed out I am 70 years old and was on DLA high rate for both awards indefinitely. Which he acknowledged but said he needed the medical evidence and I was to get it from my GP and would send me a letter to give to them.
I think he may have got me mixed up with another hearing but I did not point it out as he seemed in a hurry to end the call.
I have already given them medical evidence which they failed to add to the bundles which was why the last two Tribunals were adjourned.
I spent the last 3 weeks emailing and phoning the Tribunal service to chase up the medical evidence which had not been added to my bundle for today's hearing and making sure it was passed to the Judge and panel. I was assured by email that they did.
I'm obviously not very happy about this but I will have to wait and see exactly what he has said in the reasons for the adjournment.
Any comments gladly received.
You wouldn't believe it but my Tribunal Hearing this morning was adjourned for the third time!
The Judge wanted medical evidence from Jan 2018 and some DWP evidence of "work assessment" in 2003.
I pointed out I am 70 years old and was on DLA high rate for both awards indefinitely. Which he acknowledged but said he needed the medical evidence and I was to get it from my GP and would send me a letter to give to them.
I think he may have got me mixed up with another hearing but I did not point it out as he seemed in a hurry to end the call.
I have already given them medical evidence which they failed to add to the bundles which was why the last two Tribunals were adjourned.
I spent the last 3 weeks emailing and phoning the Tribunal service to chase up the medical evidence which had not been added to my bundle for today's hearing and making sure it was passed to the Judge and panel. I was assured by email that they did.
I'm obviously not very happy about this but I will have to wait and see exactly what he has said in the reasons for the adjournment.
Any comments gladly received.
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- Gary
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3 years 7 months ago #262017 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
I do feel sorry for you, nothing I can say will alay your disappointment. I can only say that I have been at a tribunal when it was adjourned for additional medical information, they received over 200 pages of medical evidence, needless to say when we got re-listed we won the appeal, my client had lost his claim 3 times before I got involved.
Gary
I do feel sorry for you, nothing I can say will alay your disappointment. I can only say that I have been at a tribunal when it was adjourned for additional medical information, they received over 200 pages of medical evidence, needless to say when we got re-listed we won the appeal, my client had lost his claim 3 times before I got involved.
Gary
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3 years 7 months ago #262119 by wing
Replied by wing on topic Telephone Appeal
Thanks Gary
I just received an email today (29) from the Tribunal saying that they have received further evidence on the 27 (the day of the hearing) to add to the bundle which will be numbered and sent out to me. A bit late I would say. I really don't understand what the hell they are doing.
Can you give me any help as to what to do next?
I just received an email today (29) from the Tribunal saying that they have received further evidence on the 27 (the day of the hearing) to add to the bundle which will be numbered and sent out to me. A bit late I would say. I really don't understand what the hell they are doing.
Can you give me any help as to what to do next?
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3 years 7 months ago #262120 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
If HMCTS have now received all the medical evidence they were waiting for, I would contact HMCTS and ask when they can list your hearing as the waiting game is causing you extreme anxiety and stress.
Gary
If HMCTS have now received all the medical evidence they were waiting for, I would contact HMCTS and ask when they can list your hearing as the waiting game is causing you extreme anxiety and stress.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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