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PIP recording - tribunal use
- Blue
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5 years 8 months ago #215007 by Blue
PIP recording - tribunal use was created by Blue
Hi
I secretly recorded my PIP assessment on my mobile phone. I scored zero points on all, and have put in a mandatory reconsideration. I have just received a copy of the assessor's report (it took six weeks!) and there are lots of factual inaccuracies in it. Some can be proved as such if they had bothered to read my consultants' and GP's letters. Some can be proved by further evidence, eg. it says I don't have a driving licence and can't drive, - I do and I can, but I don't drive because of aspects of condition.
Other things though are saying I said things that I didn't. This can be proved by the recording, but since it was secretly done, can it be used at tribunal? (If MR unsuccessful) I saw the case of Nev, but just wondered if there had been any further rulings on the legalities of it?
I have the software to do a transcript of it.
Should i go through and refute the report point by point? Or is that petty and excessive? They have spelt my name wrong on some paperwork and changed my gender at times too! But should i just focus on the medical details?
Thank you for any thoughts / information
I secretly recorded my PIP assessment on my mobile phone. I scored zero points on all, and have put in a mandatory reconsideration. I have just received a copy of the assessor's report (it took six weeks!) and there are lots of factual inaccuracies in it. Some can be proved as such if they had bothered to read my consultants' and GP's letters. Some can be proved by further evidence, eg. it says I don't have a driving licence and can't drive, - I do and I can, but I don't drive because of aspects of condition.
Other things though are saying I said things that I didn't. This can be proved by the recording, but since it was secretly done, can it be used at tribunal? (If MR unsuccessful) I saw the case of Nev, but just wondered if there had been any further rulings on the legalities of it?
I have the software to do a transcript of it.
Should i go through and refute the report point by point? Or is that petty and excessive? They have spelt my name wrong on some paperwork and changed my gender at times too! But should i just focus on the medical details?
Thank you for any thoughts / information
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- Gordon
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5 years 8 months ago #215010 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP recording - tribunal use
Blue
Dealing with issues in the assessment report is important but doing so will not in itself lead to an award, this will only happen by your showing that you meet the criteria to score the points for one, so this really needs to be the focus of your appeal.
If you do deal with the report then stick to issues that lead to points, so your driving is not something that PIP considers unless it is being used to deny points for your walking, as an example.
To deal with the issue of the recording, where necessary and only where necessary provide a transcript of what was said, offer to provide a copy of the recording should the panel wish it.
Gordon
Dealing with issues in the assessment report is important but doing so will not in itself lead to an award, this will only happen by your showing that you meet the criteria to score the points for one, so this really needs to be the focus of your appeal.
If you do deal with the report then stick to issues that lead to points, so your driving is not something that PIP considers unless it is being used to deny points for your walking, as an example.
To deal with the issue of the recording, where necessary and only where necessary provide a transcript of what was said, offer to provide a copy of the recording should the panel wish it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Blue
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5 years 8 months ago #215015 by Blue
Replied by Blue on topic PIP recording - tribunal use
Thank you, Gordon
Some of the issues in the report do negate specific criteria, by their being factually inaccurate medically, so will concentrate on those. Guess the lesser issues could just be used to show how it's not quite right throughout, if needs be?! Suspect will have enough to do with concentrating on the relevant bits though.
Will get copies of transcript printed in due course then, and just see what's what, how things go in due course? Before handing it over to anyone!
Some of the issues in the report do negate specific criteria, by their being factually inaccurate medically, so will concentrate on those. Guess the lesser issues could just be used to show how it's not quite right throughout, if needs be?! Suspect will have enough to do with concentrating on the relevant bits though.
Will get copies of transcript printed in due course then, and just see what's what, how things go in due course? Before handing it over to anyone!
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