advice please PIP Tribunal

hello all and all at Benefits and work

After a wait of approx 18 months for the out come of my Partners Mandatory Reconsideration we finally submitted the form for a PIP Tribunal hearing as the Mandatory Reconsideration did not change the decision - standard rate mobility to High rate mobility - (short by only
2 points) and there still remains a number of errors and missed supporting evidence and the decision maker using and referring
to a detrimental and incorrect 2016 Atos report.
The form for hearing was submitted and we received a bundle of documents just recently just after Christmas.

We have been struggling to secure a appointment with our usual CAB Welfare Benefits Advisor as my partners progressive illnesses worsened and he is only recently out of hospital. He will now not be well enough to attend any hearings. I would like to know the following please:-

1 - Do I just email the Tribunal requesting a paper based hearing and also send proof re hospital admittance, increase in meditations and further progressive changes requiring further medical follow up appointments with possibility of further admittance.

2 - How do I refer to the missing documentation in the bundle? Do I just list and then send in as evidence and advice it is missing from the bundle?

3- Can I also request that DWP disclose the complaint we made to them re the Atos 2016 and also evidence provided at that time since they have referred to the old Atos report 2016 several times in there decision making process for PIP Renewal and Mandatory reconsideration.

Help and advice re PIP Tribunal and requesting a Paper based hearing would be very much appreciated. Also approx timescales for sending in further evidence and the submission as at this moment in time still going through documents and my sister is helping next week in between med appts and treatments.

Your advice is very much appreciated.

All the very best wishes to all

meg

Hi Bis

Thank you for your answers.

Like everyone on here the thought of more paperwork feels nearly soul destroying. But the injustice`s of this unfair points system drives me on.

I will ask the Tribunal system what the procedure is for Paper-based hearing thank you. I have also wondered is that a option that can be changed back if we could secure some good representation in the near future. But I know for the moment Paper-based hearing is the better option for my partner as i fear he is at risk of heart attack, stroke, collapse due to the further changes on his heart.

If I include the list of the missing evidence which DWP have not included which i know was sent as evidence and further evidence during his mandatory reconsideration, will the Tribunal write to DWP for that?

It a Good idea including the complain to DWP re the 2016 as that was done during 2017 and we did have a reply which did not change the decision but told us to contact i think the Government type of Ombudsman or commission i think -sorry i dont have the letter to hand so unsure of the name. We was unable to follow the next level within the timescale mentioned on the letter due to both our health conditions and both being back in hospital within months of each other.

Thank you for all your help.

BIS wrote: I would not reply on the Tribunal asking for evidence. A list tells them very little. If you have copies you should include it in your evidence.

Moreover, I wouldn't necessarily rely on the DWP actually supplying said evidence even if the Tribunal directs them to provide it, in my experience.