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upper tribunal hearing - pip

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4 years 8 months ago #250179 by bisley
upper tribunal hearing - pip was created by bisley
i am writing for a friend. Her family member is once again pursuing a downgrading of a pip award. It was indicated to my friend that the family member needed to produce medical records. But the family member will produce a consultant's report who is an expert on the family member's condition. My friend argues that this is a fishing expedition. is there any precedents or rules of evidence that support my friend's argument? Where can she find resources about upper tribunal decisions and regulations? The family is representing themselves.

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4 years 8 months ago #250191 by BIS
Replied by BIS on topic upper tribunal hearing - pip
Hi Bisley

Who said they needed to produce medical records? Can't say whether it is a 'fishing expedition' or not, but if the tribunal or DWP says they need to see more medical records you will find it hard not to provide them.

www.gov.uk/administrative-appeals-tribun...d-previous-decisions

You can find information on the procedures and regulations above

BIS

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

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4 years 8 months ago #250219 by denby
Replied by denby on topic upper tribunal hearing - pip
FYI the judge at our previous first tier tribunal recommended, recorded in the written judgement, that claimant's medical records be submitted in future. Crazy waste of NHS time and paper but have duly got them in case needed as suggested this time, can't argue with a judge. Even if they have completely ignored written request for a longer award on the basis of inherited conditions where effect on all descriptors will only worsen with time. Though at least they restored Enhanced x 2. Good luck.
Denby
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