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Delayed decision by tribunal

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11 months 4 weeks ago #283993 by jenn
Delayed decision by tribunal was created by jenn
Hi there,

I have had my tribunal decision delayed today as the tribunal have asked for more evidence. I wondered if anyone has any experience and any advice please?

Bg, I have multiple physical disabilities, as well as autism, adhd and other mental health issues. I went to the tribunal in a wheelchair as I cannot walk very far at all nor stand longer than a couple minutes, which I have said on my first form for PIP and since.

They focused on my wheelchair, saying they weren’t prepared for me to come in one. I have submitted over 200 pages of evidence including letters from my specialists and pages of my medical records and details from consultations. They have asked for a print out of my entire GP record for the last 2 years, more specialist letters that I don’t have, and my occupational therapy assessment I finally had last week (been waiting well over a year). In my opinion the only one I think is needed is the OT assessment as I have shared everything I possibly can from specialists and GP. I came with my carer who was not happy with how I was treated. My advocate could not make it because of strikes and is making a formal complaint for me because they had me in tears and kept asking me questions when I was clearly struggling and were very hostile.

My GP is mostly online and this was an issue for them, I have been seen in clinic but need it to be most online because im bedbound.

I am struggling with what else to supply them and scared I have been set up to fail.

Please if you have any advice

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11 months 4 weeks ago #284010 by Gary
Replied by Gary on topic Delayed decision by tribunal
Hi jenn

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

I have been to a few tribunals where they have adjourned the hearing requesting further medical evidence from the claimants doctors.

The received over 200 pages of medical evidence, when we went back to the tribunal a few months later we were successful.

Under the new world order most assessments with doctors are over the phone, especially if the condition is ongoing. If the doctor has any concerns then they will book you in, the question I would ask, did your advocate send in a submission?

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 months 4 weeks ago #284017 by denby
Replied by denby on topic Delayed decision by tribunal
MODS May WISH TO ADD STATS?

Dear Jenn, I am sorry you had such a very negative experience. Every barrel has its very rotten apples!
I just want other readers not to be put off going to Tribunal because the statistics [they're on here somewhere in News] show that Appealing is most often successful.
Best wishes, Denby
The following user(s) said Thank You: Chris, jenn

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11 months 4 weeks ago #284028 by Chris
Replied by Chris on topic Delayed decision by tribunal
Hi denby,

I agree - from what I've read on here, a lot of claimants who are denied an award, tend to win at a tribunal. Not sure on the stats, but they're definitely in favour of the claimant in my opinion, so likely pretty high.

Regards, Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 months 2 weeks ago #284342 by jenn
Replied by jenn on topic Delayed decision by tribunal
Hi Gary,

Thank you for this. They asked about this regarding a submission from my advocate, but my advocate said that’s not something they do. Can I ask more about this? They are an advocacy worker, and said that they wouldn’t usually send in a submission as they’re not qualified to give medical evidence.

J

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11 months 2 weeks ago #284343 by jenn
Replied by jenn on topic Delayed decision by tribunal
I also wanted to add - they have put in my delay letter to provide evidence from 1 January 2019 when my claim is 2022. Is this an error or do I need to do this? I moved during this period three times and had gaps in GP and there was the lockdown which meant I couldn’t access my GP as I was vulnerable and they weren’t offering online appointments until much later.

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