Forum Home → Discussion → Disability benefits → Thread
direction to get a Capita Assessor to appear at one of my clients PIP tribunal 3rd April 2020 in Newport Wales
I am highly annoyed at the treatment of one of my clients with HIV Positive, contracted from and operation and infected blood, and with other complex impairments that are preventing effective treatment. She is in a hospital again with serious complications and may not recover from the families’ perspective. At that 10-year survival point with HIV
Is it possible to ask of the HMCTS to ask of the assessor to appear where she had recommended no points at all in DL and mob. If so what part of the Civil Procedure Rules applies. This very urgent
I think the Medical representative has the right to examine the assessor in person. The DWP rep is not the person to chastise and make a point off.
I am also considering if a Discrimination case can be undertaken, not the tortuous route of denial in a complaints system.
Martin Lewis Disability Advice Project Cwmbran
.(JavaScript must be enabled to view this email address)
You can request a direction for a witness summons under rule 16 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
I really doubt you will get one though and it will almost certainly meant that your hearing would need to be postponed as this would give the assessor insufficient notice of the hearing.
As is often pointed out, for all the cathartic good it does to bash the assessor, the goal is ultimately to prove your client is entitled to PIP and even a comprehensive demolition of the assessor would do almost nothing in getting you towards that goal.
I agree with Elliot.
It is highly likely that a Tribunal Judge will find that it would be disproportionate to issue a witness summons
It is usually fairly easy to point out inadequacies in HCP reports and I give some examples of how to do it in the submission I posted on another thread