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Failed PIP Appeal Should I re-apply?
3 years 11 months ago #259687 by Waxwing
Replied by Waxwing on topic Failed PIP Appeal Should I re-apply?
Thank you for your reply LL26
It was a telephone tribunal and my brother reported that the tribunal would not alow him to put forward his case. As soon as they asked a question and he started to answer they stopped him and moved onto another question. Also the conference call kept cutting out and he had to wait 10 mins whilst they reconnected everyone. He also reported the judge to be very faint and he could not hear what they where saying and kept asking for them to repeat themselves. I am sure they did not take into account evidence provided to the tribunal. We will have to wait until we get the SOR and Recording which he has requested by Email as advised by the Tribunal service.
My Brother mentioned to his Rep that he was interested in making a new claim whilst the origional claim goes to possible UT and maybe fresh appeal and he agreed that this might be a good way forward as the origional claim was very poor indeed. He did say that do not make a new claim until we have helped you with the claim which I thought was very considerate.
One final question which I have asked in previous posts. If my Brother uses "Evidence" that was submitted to the tribunal which failed in his new claim would that already used evidence (which is from consultants and the NHS) jepodise his new claim?
Thanks
Although your brother's form may have lacked detail, it is important to note that the tribunal have an investigatory role, so if it didn't ask the right questions or enough questions this could amount to an error of law.
It was a telephone tribunal and my brother reported that the tribunal would not alow him to put forward his case. As soon as they asked a question and he started to answer they stopped him and moved onto another question. Also the conference call kept cutting out and he had to wait 10 mins whilst they reconnected everyone. He also reported the judge to be very faint and he could not hear what they where saying and kept asking for them to repeat themselves. I am sure they did not take into account evidence provided to the tribunal. We will have to wait until we get the SOR and Recording which he has requested by Email as advised by the Tribunal service.
a word of caution- if you do wish to appeal and then make a new claim, the first claim will stop on the day before the new claim. My experience of having 2 claims running concurrently is that it can get confusing, especially for DWP!
My Brother mentioned to his Rep that he was interested in making a new claim whilst the origional claim goes to possible UT and maybe fresh appeal and he agreed that this might be a good way forward as the origional claim was very poor indeed. He did say that do not make a new claim until we have helped you with the claim which I thought was very considerate.
One final question which I have asked in previous posts. If my Brother uses "Evidence" that was submitted to the tribunal which failed in his new claim would that already used evidence (which is from consultants and the NHS) jepodise his new claim?
Thanks
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