Should a doctor be at your appeal? — Scope | Disability forum
Find out how to let us know if you're concerned about another member's safety.

Should a doctor be at your appeal?

Candyfloss Member Posts: 34 Listener
edited September 2018 in PIP, DLA, and AA
Does a doctor require to be at your appeal.I found out much later that the person introduced as such was not according to the paperwork .Can I take this further on a point of law.


  • janekim96P
    janekim96P Member Posts: 44 Courageous
    Hi canyfloss I remembered years ago goin for my ESA appeal and there were 2 doctors there but it was about 6 or 7 years ago am not sure about PIP but you would think that there should be good luck with your appeal and hope your successful ?
  • janekim96P
    janekim96P Member Posts: 44 Courageous
    Sorry Candyfloss 
  • mikehughescq
    mikehughescq Posts: 8,845 Connected

    Ignore any comments re: ESA appeals. They are constituted completely differently to PIP panels and always have been.

    At a PIP appeal there are 3 panel members UNLESS it is an appeal that concerns a failure to attend a face to face. Although it has been ruled that should also be a 3, HMCTS are inconsistent and often list FTA cases in front of a judge sitting alone.

    The usual routine is that you have a judge, a medically qualified person and a "disability qualified member". The judge will be 10 years post qualified. The medical professional will be a surgeon, specialist or consultant and the DQM is a person with experience of disability. They could be disabled, a carer, a social worker, even a welfare rights officer.

    Your summary decision will just list the members of the panel. It is likely that anyone listed as Mr. or Mrs. will be a consultant as they do not use a Dr. prefix. So, no, unless you have some concrete evidence to back up your claim there is no error of law there at all.

    The 5 errors of law are

    1) Breach of natural justice.

    2) Insufficient findings of fact.

    3) Perversity - the findings of fact don't support the subsequent decision.

    4) Getting the law itself wrong - using the wrong reg. etc.

    5) Taking into account irrelevant considerations.


Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?

Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.