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TOPIC: Directions

Directions 1 week 5 days ago #230406

I am genuinely apologising for this,as I realize I have been taking up quite a bit of time on the forum lately. I will do my best to make this the last posting for a while.
Someone I am helping with an Appeal has been sent some strange Directions from the Tribunal Judge. This lady has both physical and mental health needs severely impeding her walking ability outdoors and the Judge has sent out Directions asking the lady to provide proof via Google maps or similar, of where and how far she can walk!! I find this quite incredible and I just do not quite know what to say to her. She is also calling certain descriptors into account, and the Judge has said that as such, she is calling ALL the descriptors into question. These are very strange requests and observations from the Judge as far as I can see. Surely if she is only disputing certain descriptors, then the ones she is not disputing are not called into question?? As for the Google maps scenario?? I am just stunned. What can I say??

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Directions 1 week 5 days ago #230419

HughJulie

Whilst a Tribunal panel should concern itself with matters raised by the claimant they still have a duty to ensure that the award as a whole is correct so providing they include their reasons for doing so, they can extend their investigations to areas not in dispute.

Most people have no real understanding of the distance that one place is from another but given the distances that PIP considers I would be surprised if Google Maps would provide any meaningful information unless of course, the person can actually walk further than they are claiming, which may be the view of the Judge.

Has the Judge issued any warning about the panel being able to remove as well as award points? If they have then the claimant should take this seriously and get trained advice before they proceed with their appeal.

Gordon

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

Directions 1 week 5 days ago #230426

At my tribunal I had all the descriptors considered even though I only appealed the mobility.
If it was a very sneaky judge I would suspect they might be trying to find out if she can use technology - depending on what the other answers are- but I could be wrong.

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