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4 weeks 10 hours ago #295832 by PG
Replied by PG on topic PIP Tribunal
Hi not sure if I haven’t already posted this but just wanted to ask as I was told by a PIP case manager that if I won my Tribunal I would get my claim back dated has they lost my paperwork and said I could not re claim until after my Tribunal.
Has anyone had anything similar happen, also do I have to go to the back of a long queue to have my case heard.
Any idea what the time scale for a re assessment due to new conditions (now a year on).
Finally I’m considering putting in an official complaint re the tribunal Doctor, again any experience of the process.
Thanks again and apologies if I’m taking up to much of your time.

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3 weeks 6 days ago #295863 by Gary
Replied by Gary on topic PIP Tribunal
Hi PG

There is no need to apologise, that is why we are here, to try and help or point you in the right direction, and fellow members giving you their experience.

When you apply for a change of circumstances, the forms are the same as a new claim, yes you do go back to the long queue.

As for time scale, it varies across regions.

I am sure that a few members can give you pointers about making official complaint.

Don't forget once you get the decision you can asked for a written statement of reason.

When asking for the Written Statement of Reasons (WSOR) also ask for a transcript of the recording that should have been made during the hearing. (You may only get a recording so you may have to listen to this and copy it down yourself.) Compare the transcript with the WSOR, in order to appeal further you will need to identify at least one error of law.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 weeks 4 days ago - 3 weeks 4 days ago #295903 by LL26
Replied by LL26 on topic PIP Tribunal
Hi PG,
I'm not sure if you achieved the full level of benefit you should get or something less.
Yes, certainly put in a complaint about the tribunal medical member, but there are a couple of approaches depending on the circs.
If you didn't get the full amount of benefit then you might want to ask for the decision to be set aside and/or appeal to Upper Tribunal. As per Gary - ask for the Written Statement of Reasons (WSOR) and recording. You will be able to hear the doctor's manner. You will need to find an error of law. This could be as simple as ignoring evidence, failing to apply the correct legal test, and crucially giving the perception of bias - being rude and abrupt etc could comprise perception of bias, and as a result the tribunal failed in their overriding duty of fairness (Tribunal Rules 2008 rule 2) and as a result you did not get a fair trial - breach of Article 6 ECHR.
(It may well be the ignoring of evidence is linked to perception of bias and is evidence of this.) You can transcribe the relevant parts of the recording to use as examples
Put the time eg at 15 min 33secs.....
Send in your set aside letter (headed request to set aside and/or to request leave to appeal to Upper Tribunal) If the Regional Judge accepts an error law took place then he will set aside the decision, and you will get a new tribunal hearing -new panel. The danger with this is that whilst you can ask for part if the decision to be set aside eg just mobility component, it is likely that the whole decision could be set aside. Then you get the new hearing and then hopefully you can re-achieve the first tribunal award and whatever else extra you ought to get. If the Regional Judge disallows the set aside you can apply directly to UT.
Occasionally the Reg.Judge will set aside the case and refer straight to UT if an important error of law needs to be decided.
If you are happy with the decision, or happy enough, then you can complain without appealing. Use bullet point to describe the complaint try and condense into 4 or 5 bullet points. Give examples. Think what outcome you want.
EG Confirmation in writing of
- an apology
- information about what disciplinary measures have been taken
- information about any further training needs identified and taken to prevent recurrence

You could ask for more than one outcome.
Give a time limit for a response eg 1 month
Here is the link about complaints. www.complaints.judicialconduct.gov.uk/makeacomplaint/
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 weeks 4 days ago by LL26.
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3 weeks 3 days ago #295951 by PG
Replied by PG on topic PIP Tribunal
Hi
Thank you, I am reasonably happy with the decision as my assessment was 17 months ago
And they did state they accept my conditions have worsened since.
I will complain about the doctor and move on to trying to get my new condition and heath reviewed.
Thanks again PG
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