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What medical evidence is the tribunal given
- kah22
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7 years 2 months ago #208998 by kah22
What medical evidence is the tribunal given was created by kah22
If a PIP claim is followed through to the tribunal stage what medical evidence does the tribunal have in front of it?
My GF gave the DfC (NI) permission to excess her medical records, both GP/consultant/Hospital as we felt this was the most appropriate way to proceed. We did gain a paper based assessment probably because of that. I appreciate that Capita may not have requested these and that neither would the decision maker. From what I understand paper based assessments are more common in NI than on your side of the water
However, if the claim has to go as far as a tribunal will the tribunal automatically receive these; will it be in their bundle, or will she have to supply them.
As always thanks for any information
Kevin
My GF gave the DfC (NI) permission to excess her medical records, both GP/consultant/Hospital as we felt this was the most appropriate way to proceed. We did gain a paper based assessment probably because of that. I appreciate that Capita may not have requested these and that neither would the decision maker. From what I understand paper based assessments are more common in NI than on your side of the water
However, if the claim has to go as far as a tribunal will the tribunal automatically receive these; will it be in their bundle, or will she have to supply them.
As always thanks for any information
Kevin
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- Gordon
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7 years 2 months ago #209002 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What medical evidence is the tribunal given
Kevin
Dealing with an appeal first, they panel will have a copy of all the documents used in the making of the Decision, as a minimum this will be your girlfriend's PIP2 and any information she attached to it, the assessment report and any information sourced by the DWP and the Assessment Provider.
She will receive a copy of this as part of the appeal process.
Although she authorised access to her medical records you cannot assume that a copy of these was requested as part of the assessment. If she had a Paper Based Review then it's likely that they contacted her GP for a GP Factual Report, there is a copy of one in the PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Dealing with an appeal first, they panel will have a copy of all the documents used in the making of the Decision, as a minimum this will be your girlfriend's PIP2 and any information she attached to it, the assessment report and any information sourced by the DWP and the Assessment Provider.
She will receive a copy of this as part of the appeal process.
Although she authorised access to her medical records you cannot assume that a copy of these was requested as part of the assessment. If she had a Paper Based Review then it's likely that they contacted her GP for a GP Factual Report, there is a copy of one in the PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cdcdi1911
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7 years 2 months ago #209031 by cdcdi1911
Replied by cdcdi1911 on topic What medical evidence is the tribunal given
Hi Kevin,
The tribunal are only allowed legally, to consider papers in the appeal bundle and you and your GF should have an identical copy. If you or the DWP provide further evidence the pages will be numbered, copied and sent to both parties.
Best of luck, hopefully it won't reach the appeal stage.
Derek
The tribunal are only allowed legally, to consider papers in the appeal bundle and you and your GF should have an identical copy. If you or the DWP provide further evidence the pages will be numbered, copied and sent to both parties.
Best of luck, hopefully it won't reach the appeal stage.
Derek
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