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evidence on the day of pip tribunal

ocdmanocdman Member Posts: 52 Listener
edited April 2018 in PIP, DLA and AA
My tribunal is imminent I was told roughly three weeks ago that the average waiting time in my area was another 5 weeks to go, so by my reckoning ive another two weeks to go. My question is concerning evidence on the day. I have found an old report that I think would be useful to prove how long ive been suffering from this mental health condition. The report is from over twenty years ago and it documents my mental health problems but the last couple of pages are missing. Would the tribunal accept it or knock it back as an incomplete report ?  It is very useful as I say but due to the age of it and the government body who gave me it the chances of me being able to get a new replacement one would be zero. I suppose I can always try on the day. nothing to lose etc but if anyone knows if it ok to do so that would be encouraging news for me to hear.

Thanks David

Replies

  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    Hi 
    I would post it with a covering letter with your details, NI number tribunal ref number.

    if I’m correct from the letter confirming the date of tribunal you have 7 days to send any new evidence.

    i would wait til you have a date then send it in or hand it in on the day, but doubt they’d have much time to read it just before the hearing.


  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You can submit not more than two pages of A4 on the day.  Otherwise, send the document in now and keep a copy 
  • ocdmanocdman Member Posts: 52 Listener
    Thank you susan and matilda . Any thoughts about whether they would accept a doccument with a couple of pages missing at the end ?
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    I would put it in , it’s hopefully still got relevant evidence in the pages you have.

    i sent in everything I had from a few years ago.

    dont think it says anything about timescales for evidence, please anyone correct me if I’m wrong .

    good luck and I’d talk to CAB if in doubt
  • ocdmanocdman Member Posts: 52 Listener
    Thanks susan , thats what I was thinking no harm in trying. Thanks again . David
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The rest of the pages are there to provide some evidence.  If in doubt, send document in anyway.  Explain that you know two pages at the end are missing.
  • Clarecook1973Clarecook1973 Member Posts: 19 Connected
    Hi we was told u can submit more evidence on the day we wasn't allowed and I lost my tribuneral there reason was because I care for my son I can't get pip. 
    Basically my advice to you is don't go on your own have support hun I have depression to do understand how u feel good luck I hope u win 
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    There are no rules at all about the amount of evidence which can be submitted on the day or a deadline after which it cannot be. It is entirely at the discretion of the tribunal. It is not however good practice or wise to put in anything on the day unless absolutely unavoidable e.g. a document only received that day. If you have the document now but only put it in on the day you can expect a frosty reception. 

    A document which does no more than show how long you’ve been ill will only be relevant if your date of claim is in dispute. Otherwise it won’t add anything to your case, which is about the impact of your condition not whether or not they should take it seriously because it’s been there for a long time. Two pages missing won’t automatically mean it gets rejected. Tribunals nowadays allow most evidence in, subject to how it was obtained, but inevitably an old document with 2 pages missing is going to be given very little weight indeed. 
  • ocdmanocdman Member Posts: 52 Listener
    Thank you all for your posts. I think ill put it in anyway and hope. Thanks again for all the advice.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @ocdman

    In my PIP appeal tribunal decision letter, an appeal I won, the tribunal placed a lot of weight on my DLA claim medical reports from 19 years earlier (the only medical reports submitted with my PIP appeal submission).

    A BenefitsTrainingCo adviser on here told me that only a couple of pages of A4 would be likely to be considered by a tribunal on the day.
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    It comes down to whether or not there is any dispute as to diagnosis or symptoms. Those are the only things an old report would be even halfway useful for. If there’s no dispute on that aspect then there is actually something at risk by putting it in on the day. The idea that there’s nothing to lose is incorrect. 

    Without knowing the exact content of the report it’s impossible for anyone to say whether you should or shouldn’t. The only thing which can be said for certain, as I’ve already noted, is that if you have it now and don’t put it in, that will play badly and set you off very much on the wrong foot with the tribunal. You need to send a copy to HMCTS and a copy to DWP as a courtesy. If you just take it on the day you will need 5 copies. 1 for each of the panel, 1 for you and 1 for a presenting officer. If you don’t even do that then you really asking for a problem before you start.

    The clerk will of course hand in what you give them, and may even copy it, but it’s a great way to annoy a tribunal by asking 4 people to spend 5 minutes of a 20 minute slot just trying to figure out what you’ve handed in. When you then tell me that you had it some time ago... well, you won’t be popular. 

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