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PIP postponement rejected
- carl30
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9 years 6 months ago #143911 by carl30
PIP postponement rejected was created by carl30
I have a PIP tribunal just before christmas, and an autism assessment late january.
The outcome of the autism assessment will form a significant part of my evidence, yet by rejecting my postponement request, they have ensured that i wont have that evidence available.
Without that, i suspect my other evidence may be weak and likely be unsuccessful. Anything i can do at this point to help my case.
The outcome of the autism assessment will form a significant part of my evidence, yet by rejecting my postponement request, they have ensured that i wont have that evidence available.
Without that, i suspect my other evidence may be weak and likely be unsuccessful. Anything i can do at this point to help my case.
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- Gordon
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9 years 6 months ago #143925 by Gordon
If the request has been rejected by the Judge then there is little you can do about this, They have likely taken the position that as this was not information that would have been available to the Decision Maker when they made the Decision being appeal, then there is no requirement for them to include it in your Tribunal.
You can try writing again, citing that failing to allow a postponement would be a breach of Natural Justice, but there would need to be reasonable certainty that a diagnosis would make a significant difference to your claim, which I think is unlikely to be accepted.
The court will look at your limitations and then whether these are reasonable based on your conditions, based on your previous posts, your limitations have been questioned by the assessor and the Decision Maker, so a diagnosis may be a secondary issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP postponement rejected
carl wrote: I have a PIP tribunal just before christmas, and an autism assessment late january.
The outcome of the autism assessment will form a significant part of my evidence, yet by rejecting my postponement request, they have ensured that i wont have that evidence available.
Without that, i suspect my other evidence may be weak and likely be unsuccessful. Anything i can do at this point to help my case.
If the request has been rejected by the Judge then there is little you can do about this, They have likely taken the position that as this was not information that would have been available to the Decision Maker when they made the Decision being appeal, then there is no requirement for them to include it in your Tribunal.
You can try writing again, citing that failing to allow a postponement would be a breach of Natural Justice, but there would need to be reasonable certainty that a diagnosis would make a significant difference to your claim, which I think is unlikely to be accepted.
The court will look at your limitations and then whether these are reasonable based on your conditions, based on your previous posts, your limitations have been questioned by the assessor and the Decision Maker, so a diagnosis may be a secondary issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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