Tribunal evidence?

Seniz81
Seniz81 Community member Posts: 2 Listener
edited February 2018 in PIP, DLA, and AA
Hi all just like some advice..I was award pip in 2015 through a tribunal and then I was assessed in sept 2017 which I attended I went with my sister and she did ask if they had all my latest medicai reports which the assessor said she did,with her report they still stopped my pip anyway when we asked for her report we noticed that they never had any up to date medical reports all from 2015 so they made there decisions based on 2015 reports which I went to a tribunal and won the case..we sent them all my up to date medical reports and all my hospital doctors letters and evidence of my condition got worse since 2015 they received all of them on the 2nd of Jan 2018 but I got a response back from them declining my mandatory decision on the 3rd of Jan 2018. So now I have to go to another tribunal but for the same case which I won in 2015 because they didn't bother reading or taking account of any of my evidence they have responded back with the 2015 notes I just want to know can they do that..

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Hi seniz81 and welcome

    When you go to tribunal they will take into account all the evidence that applied at the time of your assessment.
    However, remember PIP is not a medical assessment but an assessment of your functionallity as a result of your condition. Medical evidence can only support why you have problems.It is down to you to show what your problems are and to what extent your functionallity is affected in line with the PIP descriptors

    CR
  • Seniz81
    Seniz81 Community member Posts: 2 Listener
    Hi cockneyRebel 
    thank you
  • wilko
    wilko Community member Posts: 2,439 Championing
    edited March 2018
    @ Seniz81, sorry for your predicament, may I sujest, recommend that any medical records evidence you send to DWP with your application for PIP or ESA you copy and take with you when you go for your accessment. Then you can ask the accessor if they are in receipt of all your latest medical records, history evidence, if they say yes it's your opertunity to present the records evidence to double check comfirm that the accessor has got the latest and can then have them copied and make sure they are read before making the accessment decision.

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