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    • Penitent
    • By Penitent 20th Jul 17, 3:16 PM
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    Penitent
    Submitting evidence after requesting Upper Tribunal
    • #1
    • 20th Jul 17, 3:16 PM
    Submitting evidence after requesting Upper Tribunal 20th Jul 17 at 3:16 PM
    I appealed my PIP rejection and was rejected again at Tribunal (paper-based as I was unable to attend). I've put in a request for an Upper Tribunal based on them not taking into account whether I can do something reliably. My request is with the Judge, but they can't tell me when I'll hear back.

    In the meantime, I've finally received a letter from my consultant that I requested several months ago that clarifies some of the things mentioned in the original Tribunal decision.

    If I send it to them, will they be able to take it into account at this stage? I really don't want to phone them again and I don't have anyone who'll call them for me, so I was going to send it on the off-chance.

    I know I should just reapply based on my revised diagnoses, but my condition hasn't really changed and I can't go through the whole process again just to be told I look okay again.
Page 2
    • Penitent
    • By Penitent 26th Jul 17, 4:54 PM
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    Penitent
    I'm also slightly miffed by what I've just learned from another thread. The reason I had a paper-based appeal is that the DWP told me my only options were that or attending a Tribunal. I couldn't attend, so I had to have the paper-based one, even though I knew I was less likely to succeed if I wasn't able to speak to the Judge. I've now seen that people are allowed to "attend" the Tribunal via telephone. If the DWP had told me that was an option, that's what I would have done.
    • Alice Holt
    • By Alice Holt 26th Jul 17, 5:27 PM
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    Alice Holt
    In which case include that on your appeal submission to the UT, as a breach of natural justice.
    You were denied the option to give your evidence.
    • Penitent
    • By Penitent 26th Jul 17, 5:30 PM
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    Penitent
    Balls. Gave it to my mum to post this afternoon. Am I allowed to send an addendum?
    • Penitent
    • By Penitent 26th Jul 17, 5:38 PM
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    Penitent
    I did say in my reasons for appeal (and in previous letters) that the DWP suggested a paper-based appeal because I was unable to attend the Tribunal (it was given as an example of being unable to make journeys). I wasn't able to say that I wasn't told about the telephone option, though, since I didn't know it was an option until now.
    • Alice Holt
    • By Alice Holt 26th Jul 17, 5:38 PM
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    Alice Holt
    Don't see why not.

    Give the TS a ring to check.
    It's often done with FTT's.
    • Penitent
    • By Penitent 26th Jul 17, 5:43 PM
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    Penitent
    Thanks, Alice. I tried to call right after my previous post, but it's ringing out. I'm guessing they've gone home. I'll try them tomorrow.

    This is a long shot, but do you know if they accept emails? Since it's only a short addendum, it would make more sense than writing if they'll allow it.
    • Alice Holt
    • By Alice Holt 26th Jul 17, 5:53 PM
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    Alice Holt
    I think you are better posting it, but the TS will be able to guide you.
    They are generally very helpful.
    • Mersey
    • By Mersey 26th Jul 17, 6:24 PM
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    Mersey
    Penitent - in fact if you just google "mse forums Upper Tribunal Appeals Mersey", the caselaw I posted is still on an old thread - 'appealing to Upper Tribunal' - I posted it on 30.04.13


    Feel free to use - as that was cited in allowing the Appeal by the UT (after the FT refused).


    You can email the UT Admin team, yes. But best sending docs by post you that you can sign and date any additional papers you want to submit.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Penitent
    • By Penitent 26th Jul 17, 6:33 PM
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    Penitent
    Thanks, Mersey, found it. I'll read through later and see if there's anything else I can add to the addendum.

    I think part of my problem is that I have a tendency to freak out about the short deadline to return things and rush things. A few days later, I'm quoting Columbo: "One more thing..."
    • Penitent
    • By Penitent 4th Aug 17, 4:32 PM
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    Penitent
    The UT staff were indeed very helpful and I was allowed to add the addendum via email. They were kind enough to confirm it has been added to my file so I don't have to freak out about it. I've now had a letter confirming my application was received with the terrifying heading: "[my name] v The Secretary of State".

    I'm taking a break from MSE for a bit (I've been struggling for a while now and it's time to admit defeat). Will try to remember to add an update when I find out what they decide, though.
    • Penitent
    • By Penitent 11th Oct 17, 11:06 AM
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    Penitent
    Just adding a brief update before disappearing again. I'm not doing well mentally/emotionally at the moment, so I can't come back and reply properly for a while, but I had a guilty freakout last night, thinking you'd all think I was an ungrateful !!!!! for not coming back and updating.

    UT granted my request for an appeal, agreeing that the DWP/FTT had failed to justify its descriptor choice in light of the evidence provided. Waiting for the SoS's response. Still not hopeful, but it was worth it just to see a response from someone who'd clearly read everything and agreed with my concerns. Cried like an idiot when I read it. Suppose I'll be crying like an idiot when I get the SoS's response too, albeit for different reasons.

    2nd PIP claim was rejected using the same faulty/poorly explained reasoning. Currently at MR. At least I was able to use the first appeal to do a copy/paste job on the MR request. Ran out of fuel some time back and am rattling along on fumes at this point. Just need it to be over.
    • Mersey
    • By Mersey 11th Oct 17, 9:50 PM
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    Mersey
    Just adding a brief update before disappearing again. I'm not doing well mentally/emotionally at the moment, so I can't come back and reply properly for a while, but I had a guilty freakout last night, thinking you'd all think I was an ungrateful !!!!! for not coming back and updating.

    UT granted my request for an appeal, agreeing that the DWP/FTT had failed to justify its descriptor choice in light of the evidence provided. Waiting for the SoS's response. Still not hopeful, but it was worth it just to see a response from someone who'd clearly read everything and agreed with my concerns. Cried like an idiot when I read it.
    Originally posted by Penitent

    Well done for pursuing the matter.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
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