PIP appeal, Upper Tribunal and error of law?
Hello. I thought I read somewhere that it might constitute an error of law if a PIP tribunal asks for evidence of previous related benefits decisions from the DWP, but then goes ahead and decides without that information anyway - but I've no idea where I read it. Can anyone confirm this, or if you're not willing to do so, point me in the direction of relevant decisions or something, please?
What has happened in this particular case is that the DWP did not respond to the request at all. I notified the tribunal that I'd put in a GDPR request to obtain the information, but the tribunal has gone ahead and decided before that information was sent. The GDPR papers contain a recent re-assessment - no idea where it came from - which gives a higher PIP score than that awarded by the tribunal. I'm thinking that in view of the fact that Christmas is going to get in the way I might need to request a statement of reasons, even if only as a precaution.