Partner not getting what he needs

Trixter_82_
Trixter_82_ Online Community Member Posts: 28 Listener
in PIP, DLA, ADP and AA
Hi, so my partner had his tribunal last week, he was awarded 6 points personal care, 10 points mobility, so he wasn't awarded any personal care but got standard mobility. I believe that was due to lack of evidence. I do believe as his carer, he should have been awarded enhanced on personal care. I believe lack of evidence was the reasons for not awarding the enhanced personal care. He is on an adult care plan for his needs, and receiving intensive therapy for his mental health. I am his appointee.d we

During the wait for appeal, his needs have changed a lot and he needs a lot more support, we have more evidence of his needs. 

I do not know which route to go down. I am going to get the statement of reasons, and see why and how they made their decisions. 

Is it worth going to Upper Tribunal as he did have evidence which I believe wasn't considered, or should we just go for change of circumstances with his new evidence? 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Trixter_82_ said:

    During the wait for appeal, his needs have changed a lot and he needs a lot more support, we have more evidence of his needs. 

    I do not know which route to go down. I am going to get the statement of reasons, and see why and how they made their decisions. 

    Is it worth going to Upper Tribunal as he did have evidence which I believe wasn't considered, or should we just go for change of circumstances with his new evidence? 

    Unfortunately, they won't take into consideration any worsening of condition since the decision was made.
    You can't proceed to upper Tribunal because you think the decision is wrong.
    You can only proceed if there's an error in law. You first need to request the Statement of Reasons and Record of Proceedings within 1 month of the date of the decision. Once they are received you'll need to find a specialist to have a look to see if the error in law can be found. If not then you can't take it any further.
    If you report a changes of circumstances then more forms will be sent and the process starts again.

Categories