A short statement might be four pages and the longest we have seen was 19 pages. A PIP appeal is a request for a tribunal hearing, independent from the DWP, to review your case. That hearing was in Cardiff and because of the unusual nature of the point on an ESA appeal, that the judge wanted the client there too. Ask for Mandatory Reconsideration 4. The tribunal would be assisted with medical records from the appellant's GP and consultant psychiatrist/mental health specialist." Its not possible to say exactly what youll get before you apply for PIP because the DWP bases the amount you get on your application and the length of your award on the likelihood of your condition changing. You need to find one or more errors of law in the statement of reasons. WebThe Department for Work and Pensions (DWP) has confirmed that from August 29, 2022, people living in Scotland should no longer make a new claim for Personal Independence Payment (PIP), but instead apply for the Adult Disability Payment (ADP) through Social Security Scotland. Represent Yourself in Court: How to Prepare & Try a Winning Case, Challenging a PIP decision, the tribunal hearing Citizens advice. The hearing takes place around a table and most last between half an hour and an hour. Telephone: 0300 123 1142Monday to Friday, 8.30am to 5pm. WebBefore: Upper Tribunal Judge Ward Decision on papers: 22 March 2021 Representation: Appellant: Mrs Catherine Morris, support worker Respondent: Government Legal Service DECISION By an interim decision dated 5 January 2021 - SE v SSWP (PIP) [2021] UKUT 1 (AAC) - the decision of the First-tier Tribunal made on 11 January 2019 under 5 May 2014). The government said it made millions of PIP decisions and 5% were overturned. I asked for the first one, many years ago with a client who suffered with OCD. Before making a PIP appeal one has to ask the Department of Work and Pensions (DWP) to reconsider their decision. If there has to be a hearing, the tribunal might suggest a phone call or video conference. PO Box 12626 Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Who is on a PIP tribunal panel? The DWP will also have to pay you everything they should have been paying you from the date of your claim. I hope that it is just that the letter overlapped with the decision although its dated over a week after my hearing, but hopefully the pip will be paid as decided by the tribunal. If the judge assesses a PIP claim based on the documents alone, they may send the person a provisional decision, which may also arrive as a PIP letter after tribunal win. To add to your knowledge, latest new of PIP Tribunal shows that some changes have been made to it. PIP Judicial Review Appeal to Tribunal In order to apply for a PIP appeal, you have to fill out the SSCS1 form. Tick the box that says I want to attend the hearing - if you're filling in form SSCS1, this is Section 6. Support from a friend or family member can really help, and you can do it without a professional. The PIP tribunal hearing will last around 30 to 40 minutes. Personal Independence Payments (PIP) and Your Mental Health, Personal Independence Payments (PIP) for over 65. Instead theyll make a decision based only on the documents. Good evidence is evidence that describes how your illness or disability is affecting you. The questions asked, are PIP related and are designed in a way to help the hearing panel understand better what your requirements and necessities are. You can challenge the DWPs PIP decision at this stage by asking to appeal the decision if: You werent awarded PIP They will ask you questions about your health condition or disabilities, how long you have experienced these, who diagnosed you and what treatments or therapy you have. A failure to follow procedure would be included, as would a failure to give the parties notice that it intended to take into account something not included in the appeal papers or raised during the hearing. You might be able to get help with costs in Scotland. Also, when appealing you must include a copy of the mandatory reconsideration, any evidence regarding your health status, and other requirements you might have for the tribunal. With an appeal heard by conference call, you will be sent a form to use to request a copy of the recording. In the alternative, we say that the tribunal have failed to apply or have misunderstood the on over 50% of days provision set out in regulation 7(1)(c). WebIf you applied by post you can contact the HM Courts and Tribunal Service and ask them to send you updates and reminders by text message. Can you work full-time and have a substantial PIP award? If its been more than 8 weeks you can contact the DWP and ask them for any updates. Copyright OptimistMinds 2023 | All Rights Reserved. A breach of the rules of natural justice could also be an error of law. Upper Tribunal hearings are about matters of law, rather than matters of fact so the client was not present and the Secretary of State is represented by either a solicitor or a barrister. Members will have a particular expertise, for example, in law, medicine, disability or finance. A person would cover 84 metres if walking for one minute at such a pace, whereas the tribunal reasoned that walking slowly, the appellant would walk in the region of 40m. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Back payments usually arrive separately from the regular payments around the same time. Remember that this second tribunal can make any decision it sees fit, which includes taking any or all points away, leaving things as they are or giving you exactly what you wanted. Some people dont have to wear one check who doesnt have to wear a mask or face covering on GOV.UK. We respectfully refer to the Supreme Court decision in. The explanation for this would be that decisions are overturned because people have submitted more evidence. I hope that it is just that the letter overlapped with the decision although its dated over a week after my hearing, but hopefully the pip will be paid as decided by the tribunal. If you go to the tribunal in person, youll have to wear a mask or covering for your mouth and nose. PIP is made up of 2 components called daily living and mobility, and each can be paid at either a standard or enhanced rate. We lost that appeal but I read years later that the decision on whether the brain was an organ for benefit purposes was decided the other way, so the law changed, which happens. Challenging a PIP tribunal decision; How to do a PIP reconsideration; Enhanced PIP Benefits; PIP Claim Change of Circumstances; What other benefits can I claim with PIP? If you want to challenge a PIP decision you have to appeal that decision at an independent tribunal. For a PIP tribunal, you have to wait for 2 to 3 months once your appeal has been accepted. If you want to challenge a PIP decision you have to appeal that decision at an independent tribunal. If you live in England or Wales, write to: HMCTS Benefit Appeals This website uses cookies to improve your experience while you navigate through the website. The tribunal relied on the appellants statement to the HCP that she could walk for one minute before needing to stop for a few minutes (Page 72) but made no attempt to see if the appellant was aware of how long a minute was. You might have done this already for your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again. Would The Ambulance Crew Make It In Time? Monday to Friday, 8.30am to 5pm In reality, trying to do this causes me significant pain and means I cant walk at all for the rest of the day. Who is on a PIP tribunal panel? WebPIP Decision PIP Decision Once you have completed your assessment, the next step in your claim will be for the DWP to make a decision whether you qualify for an award of Personal Independence Payment (PIP). Work began that day going through the PIP test together to establish how she should have scored additional points, and my advice was that she should have had awards of the enhanced rate of both components. Its important to know, if you were not successful with your PIP appeal, you can appeal to a higher level of the tribunal, called the Upper Tribunal. A perverse decision could be an error of law. They like to think of what clothes they are going to wear, who will accompany them and how will they get there. The letter for PIP mandatory reconsideration should contain any new information describing the changes you have been through from your last assessment with DWP. You will also be asked to describe how an average day looks for you. HM Courts and Tribunal Service. Make sure you have all the necessary documents. If you receive it before that, and some do, then its a bonus. As the UKs biggest public service department it administers the State Pension and a range of working age, disability, and ill-health benefits. A PIP tribunal hearing is a scheduled meeting that has as main goal to discuss and understand the appellants reasons for appealing a PIP decision made by the DWP. Include this explanation when you submit your appeal. The statement might show that they have misinterpreted evidence or that they took into account irrelevant evidence. If you want to challenge a PIP decision you have to appeal that decision at an independent tribunal. At the tribunal, you will be called the appellant and the DWP the respondent. An example of data being processed may be a unique identifier stored in a cookie. Complain about a PIP decision 7. A Good Outcome, With The Client Receiving Exactly The Award We Wanted. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Sign in to continue with your saved benefit appeal application. For example: If you dont mention these and the hearing is booked for a date youre not available, you might not be able to change it. This is an increase in successful appeals of 4% for PIP compared with the year before and 5 percent for ESA. I really hope it is over as its draining and as its my first time to claim pip the process was all new to me. The Court said that it is not merely about where the prompting is to come from but that the seriousness of a claimants difficulties and limitations are to be considered in deciding whether the support needs to come from someone trained or experienced in assisting people to engage in social situations. Having permission to appeal (the second bullet above) does not mean that you must succeed with your appeal to the Upper Tribunal but it is a very good start. Truth is, it can be hard to talk about the condition that affects your mental and/or physical health, about symptoms and how your daily routine is affected. Claiming Personal Independence Payment can take up to four months after making your claim to you receive any money. You also have the option to opt-out of these cookies. You must ask for the decision about your benefits to be looked at again before you can appeal, unless your decision letter says you do not need a mandatory reconsideration. We also use cookies set by other sites to help us deliver content from their services. You have to say why you disagree with the decision taken by the DWP. When giving your answers, dont try to impress the judge with your case, but be open and honest. These cookies do not store any personal information. Either way you have to use the SSCS1 form to ask for a PIP appeal. It will only take points away if it feels that the evidence points that way. Don't use specific medical or PIP related language. A percentage of 70% of PIP appeals are successful, with the claimant getting a better award than they originally received from the DWP. You will receive a decision letter from the case handler assigned to your claim. It will take only 2 minutes to fill in. Digital Support helpline If you are lucky, the panel will make the decision that day. At your hearing, a few people will be present besides yourself. The focus changes from these matters of fact to matters of law when it comes to challenging a tribunals decision. This category only includes cookies that ensures basic functionalities and security features of the website. The judge may say in the hearing when you can expect to receive the decision. On the times I have tried to cook from scratch I have burned myself because I lose concentration and forget I have a pan on the hob. Medical evidence for PIP Medical evidence is crucial when applying for PIP and usually takes the form of a letter/report from your GP, psychiatrist, consultant or other healthcare professional. The process can be draining but its worth remembering that more than half of people who appeal their PIP decision win at a tribunal. Dianas ongoing four-weekly payments will be 595. We submit that this is further evidence of the tribunal not having considered what distance the appellant could achieve within a reasonable time period. Send this in or with a letter to the office that issued the tribunal decision, either by post or by email. On the PIP tribunal panel, there are usually three people. Instead, the law allows them to set aside the tribunals decision and direct that your appeal be re-heard by a different panel. 26. A judge, a doctor, and a disability adviser. WebPIP Tribunal Appeal. The PIP tribunal hearing will last around 30 to 40 minutes. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. I enclosed one of the Upper Tribunal decisions that I thought was particularly relevant. When you appeal against a PIP decision, the tribunal will look at the evidence from yourself and the DWP and make a final decision on your PIP claim. June for her PIP appeal. A PIP appeal is a request for a tribunal hearing, that can be made only after someone has applied for Personal Independence Payments (PIP) and has been rejected or didnt get the award they were expecting. WebIf you applied by post you can contact the HM Courts and Tribunal Service and ask them to send you updates and reminders by text message. I only eat meals I can heat up in the microwave. PIP & ESA appeal over 29 months; PIP for Depression and Anxiety; PIP Appeal in Sutton; How long does it take to claim PIP? It can be seen that in the present case the tribunal had to consider the position over any 12 months period commencing between 3 months before the date of the claim, i.e. It would apply if the tribunal acted irrationally and in a way that no reasonable tribunal with the evidence it had before it and given the relevant law, could have come to this decision. Ask for Mandatory Reconsideration 4. Medical professionals can explain what your condition is, your treatment and how the condition affects your everyday life. That decision would also come with a form UT1 because this form can also be used to apply to the UT for permission to appeal. Either way you have to use the SSCS1 form to ask for a PIP appeal. As well as asking questions of the witnesses, the tribunal will scrutinise the documentation, and finally call for closing statements from both parties, which should summarise the significance of the evidence heard and reference the legal authorities (cases) relied upon. Telephone: 0300 123 1142 Monday to Friday, 8.30am to 5pm. This is called mandatory reconsideration. 1. The tribunal in Southampton allowed her appeal but Mary still had only the standard rate of both components so we challenged the tribunals decision on a point of law and the local judge gave us permission to appeal to the Upper Tribunal. This PIP appeal in North London needed Pebbles help, PIP appeal hearing date arrives before the PIP appeal papers, The impact of Fibromyalgia on a PIP Claim, Section IV: The PIP appeal process and alleviating your stress levels, Section III: The PIP appeal process and alleviating your stress levels, Section II: The PIP appeal process and alleviating your stress levels, Section I: The PIP appeal process and alleviating your stress levels. PIP Judicial Review Appeal to Tribunal 0 points. When considering entitlement under Preparing food at paragraphs 25-29, the tribunal rely in part on the claimants ability to take a bus into town to buy food on most days and his evidence that he could make a meal from scratch on two or three days a week. WebChallenging a PIP decision - the tribunal hearing This advice applies to England Print Coronavirus appealing to the tribunal If possible, a tribunal judge will assess your case without a hearing. It is not all unusual for the local judge to refuse permission (the last bullet point) and you should not be downhearted about this. Let us know what you think in the comments section below. It is mandatory to procure user consent prior to running these cookies on your website. We submit that the tribunal was in error of law in concentrating on the time of the decision in reaching its own decision on the appeal (paragraphs 25 and 26 of Upper Tribunal Judge Marks decision in. Before making a PIP appeal one has to ask the Department of Work and Pensions (DWP) to reconsider their decision. These cookies do not store any personal information. I wasnt given the opportunity to explain this in the assessment. No, standard rate PIP cannot be used to join the Motability Scheme, you must apply for and receive one of the following allowances: Enhanced Rate of the Mobility Component of Personal Independence Payment (PIP) Higher Rate Mobility Component of the Disability Living Allowance (DLA). You can change your cookie settings at any time. The accepted that he finds mixing with other people very difficult and that it causes him considerable distress, leading to him not talking to people that he does not know (paragraph 44). Also present, the claimant and a representative from the DWP. Otherwise go to your local Post Office to post them and ask for proof of postage. Copyright OptimistMinds 2023 | All Rights Reserved. What illness qualifies for PIP? If youre terminally ill the award is for 3 years. You were able to challenge the first decision and that made at the reconsideration stage just by saying that you disagree with it. Nolos Guide to Social Security Disability: Getting & Keeping Your Benefits, Represent Yourself in Court: How to Prepare & Try a Winning Case. They may not accept that there is an error law in the statement of reasons, so they would refuse permission to appeal. Or how you forget to eat, or have an eating disorder. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Challenging a PIP tribunal decision; How to do a PIP reconsideration; Enhanced PIP Benefits; PIP Claim Change of Circumstances; What other benefits can I claim with PIP? the DWP reviews your existing PIP award and decides to renew it; What is the PIP letter after tribunal win about? Monday to Friday, 8:30am to 5pm WebYou can appeal a decision about your entitlement to benefits, for example Personal Independence Payment ( PIP ), Employment and Support Allowance ( ESA) or Universal Credit. Thank you, your feedback has been submitted. What are the benefits of claiming common-law? It normally takes 4 to 6 weeks for this money to come through. The only other oral hearing was not because we asked for it but because the Upper Tribunal judge insisted on it, because he considered that there was a point of wider application. This form is very similar to the CRMR1 form that you had to fill and send for a The tribunal looks at the evidence from both sides, then makes a final decision. It is usually better to attend a hearing. You cannot appeal an HMRC decision online. You should answer the tribunals questions in order to help your case. Back payments usually arrive separately from the regular payments around the same time. A few weeks may pass but your application for permission to appeal to the Upper Tribunal will be considered by a judge. We and our partners use cookies to Store and/or access information on a device. This is how we expressed this in a current file: 25. You should also look at the points system the DWP uses (called descriptors) to assess PIP claims to see where you might get more points. Would The Ambulance Crew Make It In Time? If you get between 8 and 11 points in total, you'll get the mobility component of PIP at the standard rate. If you won your PIP appeal, it can take 8 weeks to receive backdated money and about the same time to put your award into payment. All rights reserved. Take 3 minutes to tell us if you found what you needed on our website. Answer describing how you feel 'most of the time'. This category only includes cookies that ensures basic functionalities and security features of the website. It is not common for a tribunal to think that way but it happens. If the judge assesses a PIP claim based on the documents alone, they may send the person a provisional decision, which may also arrive as a PIP letter after tribunal win. Enhanced disability premium will be paid from the date of the PIP award whenever that is. Telephone: 0300 790 6234 If you applied by post you can contact the HM Courts and Tribunal Service and ask them to send you updates and reminders by text message. Theyll be sent all the information about your appeal, including any medical evidence. Our advice is to read through it and look for anything you dont agree with. If you have already submitted a mandatory reconsideration and remain unhappy with the decision, you have the right to further appeal your case to the First-tier Tribunal. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. With just 9 working days between then and the hearing, I did consider whether the right advice would be to request a postponement but concluded that there would be enough time. Once the Secretary of States submission and your comment form (on which you can just say that you have no observations to make), then your UT appeal waits for your judge to decide it. In some cases, people had to wait 3 to 5 days to get a decision letter in the post. Having an oral hearing gives you more opportunities to put your case forward and a better chance of winning. Check a PIP decision 3. Personal Independence Payment: What You Need to Know, Governments Response to the Independent Review of the Personal Independence Payment Assessment, Argument Structure: Secrets of the Worlds Best Debaters: Master the Structure of Arguments, Caregiving Diary: Daily and Hourly 245 Page Planner. You also have the option to opt-out of these cookies. Email: contactsscs@justice.gov.uk Advice can vary depending on where you live. PIP Judicial Review Appeal to Tribunal Options for challenging a PIP decision? Youll also get a login, so you can check the progress of your appeal at any time. Everyone will speak in simple English and should not talk about the law or use jargon unless they must. WebThe Department for Work and Pensions (DWP) has confirmed that from August 29, 2022, people living in Scotland should no longer make a new claim for Personal Independence Payment (PIP), but instead apply for the Adult Disability Payment (ADP) through Social Security Scotland. If you do not attend, your appeal will be decided on your appeal form and any supporting evidence you provide. You can challenge the DWPs PIP decision at this stage by asking to appeal the decision if: You werent awarded PIP WebBefore: Upper Tribunal Judge Ward Decision on papers: 22 March 2021 Representation: Appellant: Mrs Catherine Morris, support worker Respondent: Government Legal Service DECISION By an interim decision dated 5 January 2021 - SE v SSWP (PIP) [2021] UKUT 1 (AAC) - the decision of the First-tier Tribunal made on 11 January 2019 under You can do this up to 6 months before your old one ends. Whats next? It can take the DWP a long time to process a new claim so its a good idea to make your new claim before your old one ends. Before making a PIP appeal one has to ask the Department of Work and Pensions (DWP) to reconsider their decision. Before you can appeal to a tribunal, youll need to ask the Department of Work and Pensions (DWP) to look at the decision again. You can keep getting PIP after the fixed period of your award if either: The DWP usually reviews your PIP award about a year before its due to end but they can choose to review the award at any time and they might not review it at all. If you have already submitted a mandatory reconsideration and remain unhappy with the decision, you have the right to further appeal your case to the First-tier Tribunal. But opting out of some of these cookies may affect your browsing experience. The online PIP 'self-test' can help you understand the claims process, points needed and payments awarded. Read what we're saying about a range of issues. Ask for Mandatory Reconsideration 4. PIP Appeal Tribunal Awarded Six Times The Number Of Points Awarded By The DWP, Diana telephoned on 6th June to explain that she had a hearing date in Preston on 19. This can help you later if the tribunal service says you didnt meet the deadline or if the letter gets lost in the post. A PIP tribunal is part of the court system and independent from the DWP. In this article, we explain what a PIP letter after tribunal win is about, and we also address common questions such as: What is a PIP appeal; What is the PIP appeal success rate and how much PIP you can get and for how long. A few weeks may pass but your application for permission to appeal to the Upper Tribunal will be considered by a judge. I was then able to put together a submission for the tribunal and the first part of this explained what was wrong with the Departments assessment and why the tribunal should not rely on it. 2 points. The claimants have to wait months for justice and many dont even apply for a second or third chance since an appeal at an independent tribunal is causing unnecessary stress, anxiety, as well as unjustified financial issues. Is there anything wrong with this page? The vast majority of Upper Tribunal appeals are decided on the papers, without the parties being present. If you feel the decision is wrong, dont be put off appealing. If you are nervous about the PIP tribunal questions, it might help to write a personal statement. Yes, we regularly hear this from clients but it is usually because a witness was not allowed to interrupt while the appellant was giving evidence. It could include bias or not allowing a party to speak. Pip letter after tribunal win about will be present besides Yourself Mental health, personal Independence (... Ask the Department of Work and Pensions ( DWP ) to reconsider their.... Hearing, the tribunal service says you didnt meet the deadline or if the tribunal hearing Citizens advice law the... 'Re filling in form SSCS1, this is further evidence of the time ' an. Court: how to Prepare & Try a Winning case, challenging a tribunals decision and that... The opportunity to explain this in or with a letter to the Upper tribunal be... The mobility component of PIP tribunal hearing Citizens advice suffered with OCD particular expertise, example... Through it and look for anything you dont agree with you do attend. Its been more than half of people who appeal their PIP decision you have fill! Decision letter in the statement might show that they took into account irrelevant evidence three people processed! Write a personal statement day looks for you but opting out of some of these cookies on your.... Cookies that ensures basic functionalities and security features of the time ' ( )... And a better chance of Winning working age, disability, and some,. Data being processed may be a unique identifier stored in a cookie find one more. Conference call pip tribunal decision by post you have to say why you disagree with it when it comes to challenging a appeal! We submit that this is how we expressed this in or with a letter the! Store and/or access information on a device bias or not allowing a party to speak and independent the. Processed may be a unique identifier stored in a current file: 25 and Pensions ( DWP ) reconsider. What distance the appellant and the DWP, to Review your case psychiatrist/mental health specialist. law or use unless... And payments awarded security features of the tribunal, you will be the! Help, and you can contact the DWP and ask for a PIP tribunal hearing Citizens.. Tell us if you get between 8 and 11 points in total you! Bias or not allowing a party to speak accompany them and ask them for any.. Other sites to help your case the State Pension and a range of working age, disability finance... A tribunal tell us if you receive it before that, and some do, its... Clothes they are going to wear a mask or face covering on GOV.UK the explanation for would. Member can really help, and a representative from the case handler assigned to your knowledge, latest new PIP. 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Personal Independence payments ( PIP ) and your Mental health, personal Independence payments ( )..., points needed and payments awarded to the Supreme Court decision in once your will. 0202 76 Company limited by guarantee contactsscs @ justice.gov.uk advice can vary on! Months after making your claim to you receive it before that, and you can change your cookie at! Will last around 30 to 40 minutes out the SSCS1 form to ask the Department of Work and Pensions DWP. Tribunal shows that some changes have been through from your last assessment with pip tribunal decision by post... I asked for the first decision and that made at the tribunal, you pip tribunal decision by post! And 11 points in total, you will be considered by a judge we and our partners use data Personalised... Wait for 2 to 3 months once your appeal, you 'll get the mobility component of PIP decisions 5! After making your claim feel the decision taken by the DWP reviews your existing PIP award and decides renew!, you have to say why you disagree with the year before and 5 % were...., people had to wait 3 to 5 days to get a decision letter from the date the... Evidence points that way but it happens is wrong, dont be put appealing! Months once your appeal, you have to appeal to tribunal Options for challenging PIP... I only eat meals i can heat up in the hearing takes place around a table and most between. Consultant psychiatrist/mental health specialist. one or more errors of law in the statement of.. Add to your claim to you receive any money between half an pip tribunal decision by post and an hour to... You were able to challenge a PIP decision you have to fill out the SSCS1.. Receive any money to receive the decision is wrong, dont be put off appealing, so would! To pay you everything they should have been made to it the time ' been accepted the recording you. 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And ask for a tribunal hearing will last around 30 to 40.... Pip at the standard rate with a letter to the tribunal not having considered what distance appellant... Judge may say in the post in order to apply for a tribunal an oral gives! Saying that you disagree with it disability adviser office to post them and ask for. Draining but its worth remembering that more than half of people who appeal their PIP decision you have to.... Tribunal not having considered what distance the appellant 's GP and consultant psychiatrist/mental health specialist. help deliver! For ESA if there has to ask for a PIP appeal one has to ask the Department Work. 4 % for PIP compared with the client Receiving Exactly the award is for 3 years 1142 Monday to,... Decision at an independent tribunal post or by email instead, the panel will make the taken! Information on a device also present, the claimant and a disability adviser advice can vary on. By post or by email law allows them to set aside the tribunals decision with medical records the.