PIP tribunal today - no DLA file

GlasweJen

the long story is elsewhere on the forum.

I complained when I got my tribunal pack through that despite asking for the DLA evidence to be submitted with the PIP application it wasn't. A previous complaint requested that my initial call was reviewed and they didn't pick up on the file not being available either.

I got a letter yesterday saying that they are sorry they didn't forward the DLA file when they said they would and that they would send me a copy and try to get one to the tribunal.

The tribunal is today! Postmans just been and no DLA file. Can I imaging that the tribunal also won't have the file?

Icequeen99

Probably not, you could ask for an adjournment but the Tribunal may feel that the DLA file would not give any further information that what the PIP form, your evidence and the PIP assessment can give.

They are two very different benefits and two very different tests.

IQ

paragon909

GlasweJen wrote: »

the long story is elsewhere on the forum.

I complained when I got my tribunal pack through that despite asking for the DLA evidence to be submitted with the PIP application it wasn't. A previous complaint requested that my initial call was reviewed and they didn't pick up on the file not being available either.

I got a letter yesterday saying that they are sorry they didn't forward the DLA file when they said they would and that they would send me a copy and try to get one to the tribunal.

The tribunal is today! Postmans just been and no DLA file. Can I imaging that the tribunal also won't have the file?

It isn't up to DWP to prove you need a disability benefit. It's up to the claimant. I also don't know why you would want a DLA file as DLA is assessed differently to PIP and the evidence could be outdated, Why did you not get new evidence from your GP and specialists etc...

kingfisherblue

Good luck today Jen - let us know how you get on. I know it's easy to say, but try not to stress (stupid comment I know!).

Take care,

KFB x

atrixblue.-MFR-.

Ok when you ask the DWP for discovery (I.E DLA Papers/Evidence) they are legally bound to produce them PRE-TRIBUNAL.


Its not a case of the benefits are tested differently that's merely a poor excuse, its a request of discovery for evidence Pre-tribunal therefor the DWP MUST act upon it failure to do so Is frowned upon by judges and most likely the failure to produce evidence/documents to the OP that the DWP holds on file or otherwise will most likely lead to an adjournment, unless the "claimant wants to continue without them".


The reason for discovery in this case could have been due to the fact Glaswejen don't have copies of documents sent to the DWP in prior claims.


EDIT: Good luck..

GlasweJen

Thanks.

I have letters and things some went last week and some I'm taking today.

My DLA file has evidence that I can no longer get my hands on including a report from my old retired cardiologist that was done privately and isn't in my NHS record. It also has a neuro report explaining a rare syndrome I have and how there is no recovery only a certain decline in my future. I was discharged from neuro as I'm iatrophobic and the appointments really screw with my mental health.

The fact is I asked for this in December and it's not here, wether a layperson thinks it's relevant or otherwise its one more stress going into this that I could really be doing without.

I called the DWP and they will call me back apparently!

Icequeen99

GlasweJen wrote: »

Thanks.

I have letters and things some went last week and some I'm taking today.

My DLA file has evidence that I can no longer get my hands on including a report from my old retired cardiologist that was done privately and isn't in my NHS record. It also has a neuro report explaining a rare syndrome I have and how there is no recovery only a certain decline in my future. I was discharged from neuro as I'm iatrophobic and the appointments really screw with my mental health.

The fact is I asked for this in December and it's not here, wether a layperson thinks it's relevant or otherwise its one more stress going into this that I could really be doing without.

I called the DWP and they will call me back apparently!

In that case, you should put these points forward at the start of the Tribunal and ask for an adjournment.

But again, the Tribunal are likely to accept your evidence about your rare syndrome so may not need to see the proof of it because what they are concerned about for PIP is how that syndrome affects your functionality day to day. You are best placed to tell them that.

IQ

atrixblue.-MFR-.

I would advise the clerk upon entering the tribunal court the DWP has failed to act upon your request for discovery of documents and evidence and see if the DWP has sent them to the tribunal court. If the clerk has no more documents to give you at that time, I would seriously consider 2 options in this case.


option 1. Inform the tribunal that there has been lack of forthcoming clerical documents from the DWP and that you respectfully ask the tribunal to write to the DWP for these documents and adjourn to a later date once they have been received.


Option 2. Carry on with the tribunal as it is and concentrate on the descriptors you feel that you satisfy, ask the clerk prior to hearing to inform panel that If the tribunal fails to be able to place you in a category, ask them to adjourn at that point for more evidence before making a decision that day if they feel evidence is further needed.

atrixblue.-MFR-.

Fingers crossed hope all is going well in there!

GlasweJen

Well I turned up, the lift was broke and after a quick chat with the clerk got told to go home with an award of standard care and enhanced mobility

paragon909

GlasweJen wrote: »

Well I turned up, the lift was broke and after a quick chat with the clerk got told to go home with an award of standard care and enhanced mobility

Congratulations No more stress for a while eh...