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PIP Appeal Adjourned

issiem58issiem58 Member Posts: 19 Connected
Hi
I went to court on 21st March for my PIP appeal.  When I got there the Judge said she was adjournng my appeal to request my computer medical records.  I was happy for her to do so and completed a directions form giving her permission.  I also informed her that I was moving to Scotland a week later and she said no problem she would just tranfer everything up there.  I rang HMCTS in Scotland today to see if they had received my file, they have and apparently my medical records request was cancelled, but I have had no correspondence from the court where my appeal took place in March to say that had happened.  Surely they would have let me know! I am so annoyed because surely the judge would have known that she could not make decisions for the Scottish courts.  I feel like just giving up.  It has already been 18 months and looks like I have been put at the end of the queue in Scotland and so may have to wait another 38 weeks before my appeal is heard.  Has anyone been in a similar situation?  Scotland HMCTS lady told me that she couldn't speak for the English Courts, but if a court in Scotland asks for medical records in her experience this always has a positive outcome.  But still?  My health has deteriorated further, but I don't want to declare this because I may have to then reapply!  Don't know if that is right!

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi issiem

    The tribunal will only take into consideration your condition at the time of your assessment. While you are supposed to declare any change of circumstance, the DWP are only interested if your condition improves.

    Do you have any award in payment at the moment ?

    Has the Scotish HMCTS given you the current waiting time there ?

    CR
    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Member Posts: 19 Connected
    Hi CR

    No, my claim was a new one in Early 2017.  The Scottish HMCTS lady said she agreed with me that it was out of order for the judge to cancel my medical records since this was the sole reason the case was adjourned, she said that judge had no jurisdiction in the Scottish Courts and it would now be up to the Scottish Tribunal to decide whether to ask for further medical records.  As for the date, she said she was aware that I had already been waiting more then 40 weeks for my appeal and that she thought it unlikely that I would be pushed up the queue in Scotland.  My daughter keeps telling me not to give up because that is what they want and if I give up I will never know what the outcome might have been!  But I am so tired!  I know she is right though, but I am not putting any more energy into it. 
    issie

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    You have done all you can, Unless you want to go down the route of a new claim which you can do

    CR
    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Member Posts: 19 Connected
    Hi CR I am going to keep fighting on. But thanks!
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi issiem

    I wasn't suggesting that you stop fighting. rather that you think about taking out "insurance" and start a new claim as well

    CR
    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Member Posts: 19 Connected
    Hi CR

    Yes!  I have been considering my options.  But for the moment I am just plodding on with this one.

    But thank you anyway!  Its nice to get support when things are looking bleak!

    issie
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Sometimes just talking ( or typing ) can help to clear your mind.

    We are always here if you need us

    CR
    Be all you can be, make  every day count. Namaste
  • issiem58issiem58 Member Posts: 19 Connected
    Yes! 

    Thank you! 

    issie
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi @issiem58, not sure if this will help as it did not involve a move from England.  I had an appeal adjourned and the Judge directed the DWP to supply a copy of my medical records, months went by and after another adjournment and another Judge direction they finally got them to add to the bundle.

    There were all sorts of excuses why it took so long, no consent, wrong consent, who should pay for it.  I sent an email via the tribunal services to the Judge named on the direction notice and that seemed to speed things up.

    You need to make sure you get the right email address/s ask questions, tell them all the difficulty and extra stress it is causing you.

    Keep up the fight X Rosie


  • issiem58issiem58 Member Posts: 19 Connected
    I will Rosie, thank you! X
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