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PIP tribunal decision cancelled- DWP report
- Ellen
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8 years 11 months ago #167578 by Ellen
PIP tribunal decision cancelled- DWP report was created 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.
- Gordon
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8 years 11 months ago #167596 by Gordon
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Ellen
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8 years 11 months ago #167641 by Ellen
Replied by Ellen on topic PIP tribunal decision cancelled- DWP report
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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8 years 11 months ago #167659 by Gordon
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 11 months ago #167670 by Ellen
Replied by Ellen on topic PIP tribunal decision cancelled- DWP report
Thanks- that's a relief. Is cancelled the same as set aside in terms of legal wording?
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8 years 11 months ago #167671 by Gordon
From what you have described, yes!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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
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