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5 years 4 months ago #221553 by Meakhin
Pip Appeal was created by Meakhin
I have been waiting since April for a tribunal date and have been advised by CAB that since my GP and mental health services don't write supporting letters, the panel may well adjourn to request further evidence. They do have the GP questionnaire. I am wondering if this is happening to other claimants.

Also, my consultant psychiatrist has suggested that my mental health is unlikely to improve while my appeal is ongoing given the high levels of stress-does this effect my prospects for appeal success ?

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5 years 4 months ago #221589 by Gordon
Replied by Gordon on topic Pip Appeal
moraveen

It is possible that they will adjourn the hearing and ask for your medical records, you could write now to the Tribunal Service and ask them to make the request in advance of the hearing so it is not delayed further, explain the effect that waiting is having on your mental health.

The panel will not be able to take into account any changes in your conditions that have occurred since the Decision was made so I'm afraid if your mental health has deteriorated then it is not something that they can consider.

Gordon

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

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5 years 4 months ago #221659 by Meakhin
Replied by Meakhin on topic Pip Appeal
Gordon,
Many thanks. I have been informed that I am at week 31 with the average being 38 in my area. I have therefore written to the tribunal requesting that they seek my records in advance. Is the idea that they trawl through a lifetime of medical records, which would surely be time consuming ?

Also, my partner will attend the hearing with me for support and to give evidence on my behalf as he helps care for me 6 days a week, but the lady the at tribunal service seemed to think this will only be possible if he were to be my representative, and I would need to make a written request. The CAB have contradicted them, although they will not attend the hearing ( having helped prepare my submission ).

Who is right ?

Moraveen

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5 years 4 months ago #221679 by Gordon
Replied by Gordon on topic Pip Appeal
moraveen

Your partner should be offered a chance to speak at the end of your hearing but if you want them to do more than this then you need to write to the Judge responsible for your appeal to ask permission.

Gordon

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

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5 years 4 months ago #221928 by Meakhin
Replied by Meakhin on topic Pip Appeal
Gordon,
If my mental health has deteriorated since the decision was made, should I therefore make a new claim for PIP ?

The DM stated the fact that I have had no input from mental health services for 2 years, and that I am on a low dose of mood stabilizer as part of her reasoning for ending my award. I have now been receiving support from CMHT and taking a very high dose of mood medication.

I am wondering if I should be continuing with appeal if the panel are unable to consider changes since the original decision in January.

My tribunal date may possibly be in January according to HMCTS. I am unclear as to whether I am able to make a new claim with appeal ongoing. My welfare advisor is on long-term sick leave.

Thanks,

Moraveen

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5 years 4 months ago #221976 by Gordon
Replied by Gordon on topic Pip Appeal

moraveen wrote: Gordon,
If my mental health has deteriorated since the decision was made, should I therefore make a new claim for PIP ?


I can't answer this, only you can make a decision about it.

You can do both but you need to be aware that making a new claim will result in a new Decision and this will limit the time that any award from an appeal will have effect for.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Meakhin

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