Category: ESA, PIP and DLA Queries and Results
Hi
Thanks so much for all the support to date. I have just received a letter from the Tribunal and am not sure how to respond, if someone could kindly advise?
I have already sent my PIP audio recording to the Tribunal. I have now completed the audio recording transcript but I cannot upload it to the appeal panel, I think it is having technical problems today. I also cannot upload my new/revised PIP appeal document with all my reasons for disputing the descriptor points awarded by the DWP. I will try to upload it all again later today or failing that, try to upload again tomorrow.
However I have just been sent a letter from the Tribunal about the PIP audio recording. It is a Directions Notice and says:
1. The PIP appeal has been referred to me today for consideration of audio evidence uploaded by the appellant.
To the appellant:
2. Please give the reasons why you consider that it is important for the Tribunal panel to consider the content of the recording.
To the DWP:
[It basically asks - within 28 days of my reply to the above - if they have any objections to producing the recording of my medical assessment as evidence in the appeal, and if they have any additional submissions to make regarding the content of the recording or any transcript produced by the appellant etc].
To the Clerk:
Following compliance with the above directions, please re-refer the appeal for interlocutory review by a Judge so that a decision can be made as to whether the audio recording should be admitted as evidence in the appeal.
Please can someone let me know how to reply, ie should it be online or via post? The info on the cover sheet makes no mention of uploading anything online so I assume I need to reply via post? Also what should I say?
Will I be asked to justify re writing and re submitting a revised appeal as well? I had to revise it as the DWP didn't send me the medical report until a month after my appeal was sent off. I had asked them to send it multiple times.
I would like the Tribunal to use the audio recording/audio transcript because it proves that I told the HP all about my condition and the restrictions I had but she ignored everything I told her and wrote what she wanted in the medical report. It proves I was consistent and gave her all the right information but she either wrote something entirely different [fabricated] in the report or wrote down what I told her and then ignored it when filling out/selecting the descriptors. This occurred many times and if she had listened to what I told her, I should have been awarded the enhanced rate for both components. The audio proves that the HP failed to consider both regulation 4 and regulation 7 in each descriptor throughout, despite being given all the right information by me for both of those to apply to her decision.
It also proves that my mental state was not good, I was very distressed throughout and broke down at 6 different times throughout the interview when discussing my conditions. However the HP wrote that I was calm and polite 'at all times'.
Not sure if I should make this clear. Also should I say now that I will be re-submitting my appeal and explain why again, ie because the DWP failed to send me the medical report by the date I could file my appeal, and instead sent it a month afterwards, so I didn't have all the information at hand when I had to file my appeal.
Thanks in advance for any help/advice.