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Health Assessment (my journey) :-(

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4 years 6 months ago #238480 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

It's your decision whether you attend or not but you should consider whether it would disadvantage you or not if you don't.

Gordon

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

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4 years 6 months ago #239429 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

It's your decision whether you attend or not but you should consider whether it would disadvantage you or not if you don't.

Gordon



A bit of a strange update......

I sent in s copy of my pip award with a cover letter saying I would like to keep I as a paper hearing.

I called them up a while later as the tracking said that it had been delivered for a while and the person I spoke to said that nothing was on their system yet but she said if I give her the tracking number then she will speed everything up for me.

She also said that it was only switched from a paper hearing to an oral one because that's what the judge had put in his report and that she will request it to be switched back to a paper hearing.

I have also recived a copy of what the DWP have provided them in regards to my pip claim (the judge requested details from both myself and the the dwp).

They have provided my full pip application form, my full assessment report and a cover letter that is really plying down what I've been awarded on my assessment.

They have also gone in to detail on how the criteria for esa and pip are different and that although I'm on PIP my esa assessment says I'm still able to work.

After this I recived a letter from the tribunal saying they have received my pip and cover letter and they will send it off to be added to my appeal.


Now this is confusing at it seems like they are doing a complete re assessment of my appeal.

If that's the case then I feel I should be providing them with more information as my medication is now a lot stronger and I'm seeing more specialist?

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4 years 6 months ago #239430 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

Yes, this is a full re-hearing of your appeal but they are still only looking at how you were on the date of the original Decision, so they cannot consider your new medication and the new specialists that you are seeing, although this does not stop your mentioning them.

Gordon

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

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4 years 6 months ago #239431 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(

Gordon wrote: Stressed

Yes, this is a full re-hearing of your appeal but they are still only looking at how you were on the date of the original Decision, so they cannot consider your new medication and the new specialists that you are seeing, although this does not stop your mentioning them.

Gordon


Ok thanks

So it is a bit strange that they are taking my new pip award into consideration.

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4 years 6 months ago #239432 by Gordon
Replied by Gordon on topic Health Assessment (my journey) :-(
Stressed

As I have said before I cannot understand the relevance of the information, did you contact the District Judge?

Gordon

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

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4 years 5 months ago #240012 by Stressed
Replied by Stressed on topic Health Assessment (my journey) :-(
I have an update as of today , but I'll update this thread from my last post just in case it helps others.


After my call to the tribunal I recived a letter just thanking me for my evidence and that they will pass it on to everyone involved. But there was no mention about changing it from an oral hearing to a paper one.

So I called them up again and said that I wanted it to be changed to a paper hearing at it would not be fair if only the dwp attends.

The person I spoke to said that on her system it shows that it had been changed to a hearing in absence and that this is the same thing as a paper hearing.

After a very long conversation of me trying to explain to her that it's not the same thing as the dwp can still attend this hearing but they could not if it was a paper hearing, we agreed to send a request to have it changed.

A few days later I recived a call from the tribunal (I think) and they said that as a judge had requested it to be an oral hearing they are unable to change it. They also said they they had spoken to another judge and they were not willing to change it either.

He then went on to say that there had been no indication from the dwp that they were going to send a representative so it would be very much like a paper hearing.

The hearing took place yesterday........

Today I have recived a decision etter from the tribunal about the hearing.

I'm reading it as it has been successful but I don't want to get too hopeful until i get confirmation so I've uploaded it here:

www.dropbox.com/s/yacc20k6jxe0q1h/2_2.pdf?dl=0


What do you think?

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