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Tribunal adjourned to obtain medical records.
- Leonard
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12 years 1 month ago - 12 years 1 month ago #97633 by Leonard
Tribunal adjourned to obtain medical records. was created by Leonard
My tribunal took place on 15/01/13 but I was unable to attend as I was to ill. I requested that the hearing should proceed even though I was absent.
The following day (16/01/13) I received correspondence from the tribunal asking me to sign a release form for medical records & advising that I should attend when the tribunal continues following the adjournment to obtain my medical records. The tribunal have requested my medical records from 01/01/10 regardless of the fact that some of my problems occured a long time prior to this date.
My original tribunal that took place in October 2011 was set aside (in the interests of justice). The decision of that tribunal was to remove 12 of the 18 points that I was awarded following my assessment in September 2010. However they did not tell me why they had removed the 12 points, so making it difficult to prevent the same happening at the second tribunal.
I am very concerned that the tribunal is trying to manufacture "sticks to beat me with" & find a reason not to put me in the support group (as I have requested) & to remove me from the WRAG if at all possible.
Any thoughts or advice regarding my situation would be greatly appreciated.
The following day (16/01/13) I received correspondence from the tribunal asking me to sign a release form for medical records & advising that I should attend when the tribunal continues following the adjournment to obtain my medical records. The tribunal have requested my medical records from 01/01/10 regardless of the fact that some of my problems occured a long time prior to this date.
My original tribunal that took place in October 2011 was set aside (in the interests of justice). The decision of that tribunal was to remove 12 of the 18 points that I was awarded following my assessment in September 2010. However they did not tell me why they had removed the 12 points, so making it difficult to prevent the same happening at the second tribunal.
I am very concerned that the tribunal is trying to manufacture "sticks to beat me with" & find a reason not to put me in the support group (as I have requested) & to remove me from the WRAG if at all possible.
Any thoughts or advice regarding my situation would be greatly appreciated.
Last edit: 12 years 1 month ago by Gordon.
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- Gordon
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12 years 1 month ago #97637 by Gordon
I can understand how someone can feel the that system is against then but the Tribunal Service is part of HM Courts & Tribunals Service and as such is required to act as an impartial Judge of a claimants case, so I cannot see any reason why they would be manufacturing anything, there job is the review all of the evidence presented and to make a Decision based on that evidence.
Where they believe there is insufficient evidence for a Decision to be made then they can seek additional evidence, which appears to be what they are doing by requesting your medical records. I cannot comment on their only requesting information since the beginning of 2010, I assume that this is the period they believe to be relevant, this does not prevent you submitting evidence for other periods that you believe are important.
You should receive a copy of the medical records requested after which a new Tribunal will be convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal adjourned to obtain medical records.
Leonard wrote: My tribunal took place on 15/01/13 but I was unable to attend as I was to ill. I requested that the hearing should proceed even though I was absent.
The following day (16/01/13) I received correspondence from the tribunal asking me to sign a release form for medical records & advising that I should attend when the tribunal continues following the adjournment to obtain my medical records. The tribunal have requested my medical records from 01/01/10 regardless of the fact that some of my problems occured a long time prior to this date.
My original tribunal that took place in October 2011 was set aside (in the interests of justice). The decision of that tribunal was to remove 12 of the 18 points that I was awarded following my assessment in September 2010. However they did not tell me why they had removed the 12 points, so making it difficult to prevent the same happening at the second tribunal.
I am very concerned that the tribunal is trying to manufacture "sticks to beat me with" & find a reason not to put me in the support group (as I have requested) & to remove me from the WRAG if at all possible.
Any thoughts or advice regarding my situation would be greatly appreciated.
I can understand how someone can feel the that system is against then but the Tribunal Service is part of HM Courts & Tribunals Service and as such is required to act as an impartial Judge of a claimants case, so I cannot see any reason why they would be manufacturing anything, there job is the review all of the evidence presented and to make a Decision based on that evidence.
Where they believe there is insufficient evidence for a Decision to be made then they can seek additional evidence, which appears to be what they are doing by requesting your medical records. I cannot comment on their only requesting information since the beginning of 2010, I assume that this is the period they believe to be relevant, this does not prevent you submitting evidence for other periods that you believe are important.
You should receive a copy of the medical records requested after which a new Tribunal will be convened.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Leonard
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12 years 1 month ago - 12 years 1 month ago #97648 by Leonard
Replied by Leonard on topic Tribunal adjourned to obtain medical records.
Gordon,
Thanks for the reply, would you have any thoughts on the following.
I sent the tribunal a letter from my GP that clearly stated that I meet the requirements of 2 of the descriptors on the Limited Capability for Work-Related Activity document (ESA214) & as such in his opinion I should be placed in the support group. So why is the tribunal not prepared to accept the word of the person best placed to understand my situation.
Thanks for the reply, would you have any thoughts on the following.
I sent the tribunal a letter from my GP that clearly stated that I meet the requirements of 2 of the descriptors on the Limited Capability for Work-Related Activity document (ESA214) & as such in his opinion I should be placed in the support group. So why is the tribunal not prepared to accept the word of the person best placed to understand my situation.
Last edit: 12 years 1 month ago by Gordon.
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12 years 1 month ago #97653 by Gordon
There is not really much I can say without knowing the details of your claim, which is not practical on the forum.
Perhaps your GP has not explained his reasons for stating you meet two of the SG descriptors, or has not done so in sufficient detail? Perhaps the ATOS report contradicts your GP's view? This may be why your medical records have been requested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal adjourned to obtain medical records.
Leonard wrote: Gordon,
Thanks for the reply, would you have any thoughts on the following.
I sent the tribunal a letter from my GP that clearly stated that I meet the requirements of 2 of the descriptors on the Limited Capability for Work-Related Activity document (ESA214) & as such in his opinion I should be placed in the support group. So why is the tribunal not prepared to accept the word of the person best placed to understand my situation.
There is not really much I can say without knowing the details of your claim, which is not practical on the forum.
Perhaps your GP has not explained his reasons for stating you meet two of the SG descriptors, or has not done so in sufficient detail? Perhaps the ATOS report contradicts your GP's view? This may be why your medical records have been requested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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