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Powers of the Tribunal

Bcfu
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Blackpool Centre For Unemployed

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Total Posts: 204

Joined: 9 July 2020

Hi

I have a very complicated appeal coming up for a PIP appeal with issues around SRTI.

Client was awarded PIP under SRTI in 2017. She made a new claim in 2020 which was ultimately rejected - we are now appealing this decision.

DWP are arguing that she has no cancer diagnosis with no DS1500 form being produced - she claims the GP and oncologist sent in 4. DWP have gone further to suggest that she isn’t under any doctors and the letters she has provided by her oncologist are fake.

If I look at this objectively the letter does look a bit dubious and the DWP have done everything they can (multiple pages of actions they’ve taken).

My question is what powers do the Tribunal have regarding such conflicting information besides just ignoring it completely? Can we make a suggestion that the Tribunal contact the doctors directly or have them come to the Tribunal to give an oral statement?

Any help would be gratefully appreciated.

Thanks Adam

Elliot Kent
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Shelter

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Joined: 14 July 2014

I don’t know that I accept the premise that this is a complex case, as much as an unusual one.

The primary issue appears to be that your client says that they are terminally ill and have a valid DS1500. The DWP position appears to be that this is not true and that the DS1500s have been persistently faked in an effort to create an entitlement which doesn’t exist. So the question is whether the forms are real or not.

(Perhaps there are secondary questions, e.g. if the forms are real but were not correctly issued - or if the client has faked the DS1500s but still has a PIP entitlement for some other reason - but the issue really seems to be about whether the forms are genuine)

If I were you, I would be asking the GP/Oncologist to confirm directly to my office whether or not they issued the forms which would surely settle the matter.

Or just do a subject access request for their medical records. If someone is claiming to be terminally ill, you would expect the medical records to refer to that fact.

Of course if your client refuses to consent to these enquiries, perhaps you ought to consider whether your service to her ought to continue.

Bcfu
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Blackpool Centre For Unemployed

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Total Posts: 204

Joined: 9 July 2020

Hi Elliot

Thanks for the reply.

Very useful suggestions - I’ve yet to see the DS1500 form which is part of the problem.

We’ve asked for a short extension anyway so I’ll do some further probing and I think asking them to contact me directly may be the best solution (like you said, their response will tell me if they are truthful).

Thanks

Adam