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PIP tribunal decision cancelled- DWP report

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7 years 8 months ago #167578 by Ellen
If a first tier tribunal decision is cancelled and a new tribunal hearing scheduled, does HMCTS ask the DWP to submit a new/ another report, or will the new tribunal just have the original paperwork ? ( in terms of a PIP appeal.

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7 years 8 months ago #167596 by Gordon
Replied by Gordon on topic PIP tribunal decision cancelled- DWP report

abby wrote: If a first tier tribunal decision is cancelled and a new tribunal hearing scheduled, does HMCTS ask the DWP to submit a new/ another report, or will the new tribunal just have the original paperwork ? ( in terms of a PIP appeal.


It depends on the reason that the original hearing was cancelled, but there would be no reason for the TS to ask the DWP for a new assessment report.

Gordon

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7 years 8 months ago #167641 by Ellen
Thanks- first tribunal cancels by district judge on errors of law- so he directed a new tribunal to hear my appeal again

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7 years 8 months ago #167659 by Gordon
Replied by Gordon on topic PIP tribunal decision cancelled- DWP report

abby wrote: Thanks- first tribunal cancels by district judge on errors of law- so he directed a new tribunal to hear my appeal again


So the Decision from the first hearing was Set Aside due to an Error, no you will not be sent for a new assessment. The panel will have the same paperwork as the first, although you are entitled to send additional documents if you have them.

Gordon

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7 years 8 months ago #167670 by Ellen
Thanks- that's a relief. Is cancelled the same as set aside in terms of legal wording?

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7 years 8 months ago #167671 by Gordon
Replied by Gordon on topic PIP tribunal decision cancelled- DWP report

abby wrote: Thanks- that's a relief. Is cancelled the same as set aside in terms of legal wording?


From what you have described, yes!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ellen

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