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Health Assessment (my journey) :-(

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4 years 6 months ago #238445 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

The new hearing, as was the case for the last one, can only consider your health and limitations as they were on the day of the Decision that originally appealed any change since then such as your change in medication, cannot be considered.

If you receive another adverse condition from this new hearing and you can show that there was an Error of Law in the making of the new Decision then you can appeal to the UTT again.

Gordon



Ok thanks


The reason I asked is because that on the last part of the letter it says I must send them information if I'm on PIP so I thought I would include the above changed with it.

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4 years 6 months ago #238448 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(
Do you know why they would say that I must give information about any pip award if it can't be used ?

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4 years 6 months ago #238449 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

If you had a PIP award at the time of the Decision appealed then the reasons for that award might be relevant to your ESA appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 6 months ago #238451 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

If you had a PIP award at the time of the Decision appealed then the reasons for that award might be relevant to your ESA appeal.

Gordon


So there's no point in sending any pip information then as I've only just started my claim for pip?

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4 years 6 months ago #238468 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

The letter suggested that you could phone and speak to the District Judge maybe they can explain the comment but I don't see how any of your PIP information can be considered if it all postdates the ESA Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 6 months ago #238479 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

The letter suggested that you could phone and speak to the District Judge maybe they can explain the comment but I don't see how any of your PIP information can be considered if it all postdates the ESA Decision.

Gordon



I didn't think of calling them.

Do you think i will still be able to stick with the paper hearing as the letter seems to suggest that an oral hearing will be made?

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