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PiP appeal 2 letters with different decisions

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5 years 1 month ago #245875 by Beth
Hi I really need some advice. So I’ve been waiting since October 2019 for a paper based pip tribunal hearing. I have been clinically diagnosed with Reactive Depressive Disorder, social phobia and Major Depressive Disorder back in 2005. I was awarded standard mobility back in September 2019 after Mandatory reconsideration. Today I received 2 letters from the Norwich tribunal courts. Both letters dated the same, same judge, same panel, same court.
SO the 1st letter I opened stated that my case had been adjourned and an f2f oral hearing is to be arranged within 60 days. It also gives me information about medical information I can supply and information the dwp would supply for any physical reports they have within the last 3 years
(I’ve never had a physical examination done by them, even though the assessor stated in her report she did did a Musculoskeletal examination)
The second letter states that I only got 2 points for daily living therefore I do not qualify for a greater award.
This is where it gets complicated... the last paragraph of the letter states:
The tribunal considered adjourning the appeal. It looked with care at page 118 of the bundl. The tribunal is in no doubt the appellant has the challenges she describes. With that in mind the tribunal considered the bundle to page 185. The tribunal was satisfied that it had all the information necessary to make a fair decision. In particular it had the GP notes as a base line to contextualise the claims in the claim form and what the appellant said to the HCP- what was said during the ESA assessment (abit to a lesser extent) and that set out in the written representations.
Ok so my bundle is only 113 pages long?? I have submitted separately around 30 pages of further written and medical notes BUT this is a PIP tribunal hearing not an ESA hearing and the bundle does not contain any written representations??
Rang the tribunal service today, the chap had never seen anything like this happen before and is getting clarification within 24 hours for me but add another spanner in the works a 3rd letter has been sent out asking for further medical evidence... same date/court/panel...
Please, please advise??

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5 years 1 month ago #245883 by Gordon
Beth

You really need to wait for the Tribunal Service to get back you but my guess and I stress it is only a guess, is that the Clerk of the Court when preparing the letter advising you that an Oral hearing was being recommended has then gone on to paste your information into someone else's letter.

Gordon

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

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5 years 1 month ago #245895 by Beth
Thanks Gordon
Waiting for the call back feels like forever but should be within 24 hours.
If the second letter (no award) stands it seems that it is all down to not paying £60 for my GP to write how my conditions affect me and only sending in what the doctors would supply me for free, which was o kt a condition summery and summery of medications.

If this is the case, how do I stand in taking the case to upper tribunal as receiving both letter (and one to arrive) with conflicted information, would this be deemed an unlawful decision? Both signed by the same judge and not just an court clark.

Thanks

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5 years 1 month ago #245906 by Beth
I’ve just heard back from the tribunal service, they have said that my case is still live and has been adjourned until I get my GP report sent to themselves and a face to face appointment can be arranged.
I asked my doctors back in August 19 but I was informed by the medical record clark that they wanted £60 to do this and I was unable to pay for this at that time. I’ve spoken to my GP this morning and she informed me that it will only be £30 and is more than happy to supply whatever I need.
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