Tribunal not accepting medical evidence
anxiouspetals
Community member Posts: 3 Listener
Hi there
I hope that I can get some insight and advice into my situation. I applied for pip and been through the madatory stage and tribunal stage so far. Although I have had a long term mobility condition , I was not awared the points which I believed it should have been. At the time of application I did not have any recent medical letters to support as I was not seeking help for it due to being mostly home bound also with mental health issues and the fact that ok previous years I did have input for it, but it was just physiotheraphy and discharge after few sessions. The physio therapy was not helpful and the condition has been there for over a decade.
I hope that I can get some insight and advice into my situation. I applied for pip and been through the madatory stage and tribunal stage so far. Although I have had a long term mobility condition , I was not awared the points which I believed it should have been. At the time of application I did not have any recent medical letters to support as I was not seeking help for it due to being mostly home bound also with mental health issues and the fact that ok previous years I did have input for it, but it was just physiotheraphy and discharge after few sessions. The physio therapy was not helpful and the condition has been there for over a decade.
I was able to supply a supporting letter at tribunal stage.
.During tribunal the reason for not awarding and accepting the supporting letter was because it was post date of the application. It was being treated as something new. There was too much focus on the date rather than looking at that it was speaking about a condition which I had already mentioned in my pip form and had been diagnosed years ago. Could this be an error in law? Please help. Any advice would be appreacited. Thanks
.During tribunal the reason for not awarding and accepting the supporting letter was because it was post date of the application. It was being treated as something new. There was too much focus on the date rather than looking at that it was speaking about a condition which I had already mentioned in my pip form and had been diagnosed years ago. Could this be an error in law? Please help. Any advice would be appreacited. Thanks
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Comments
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Very difficult to advise without seeing the letter and knowing all the details of your case. I'm assuming you were refused at Tribunal? Have you requested the Statement of Reasons and Record of proceedings? You need to do this within 1 month of the date of the decision.
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@poppy123456 please can you give me some advice please. I have put it on the pip forum chat. I’m new. thank you0
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sam7399 said:@poppy123456 please can you give me some advice please. I have put it on the pip forum chat. I’m new. thank you
If your question is related to your PIP payment that's due to be paid tomorrow then your question has been answered on your thread here. https://forum.scope.org.uk/discussion/104389/hi-my-name-is-sam7399#latest
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Thank you for the replies. I forgot to mention I think that it is the stematment of reasons which is what am talking about.
They have not accepted the medical evidnece because it is post date of the application. They seemed to overlook the fact that I am mainly homebound due to my health and also the fact that even if the medical letter is post date, it is confirming and speaking about my medical condition which has been present during the application and which I had describes the difficulties in much detail.
I am just wondering if this could be some sort of error in law. Due to the fact they they gave to much focus what date the letter is, rather than what it actually states that has always been existing on medical record .
It is encouraged to provide supporting letters for tribunal and these are often provided later date because not everyone has such medical support letters written up for them. It usually has to be requested for. I hope that I'm making sense. Lol.0 -
Finding the error in law is a specialists area. If you have the statement of reasons then you really need expert advice because this is beyond the capability of an internet forum.
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