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PIP appeal legal costs

flying_scotsman

My niece had her son's mobility allowance removed because he was capable of planning a journey, the fact that he cannot walk more than 50 feet didn't seem to matter. I paid for a solicitor to help her with her appeal and she won. Can I recover the £1440 legal costs that were incurred in this process?

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Comments

poppy123456

A solicitor? Was there any reason why you used one of those? You won’t be able to recover those costs because a solicitor will charge you.

You could have got advice, support and help free from an advice agency local to you.

2oldcodgers

poppy123456 said:

A solicitor? Was there any reason why you used one of those? You won’t be able to recover those costs because a solicitor will charge you.
You could have got advice, support and help free from an advice agency local to you.

Sometimes you have to spend money for someone to do things for you.
If you are suggesting that a local advice agency would represent at a Tribunal hearing then that is news to me.
Also even finding such an agency that is open and is willing to carry out the work needed is like the hunt for a hen with teeth!
For the past 4 years I have tried everyone - AgeUK, CAB etc etc and have been told that it will be weeks before they could see me if at all.

poppy123456

2oldcodgers said:

poppy123456 said:

A solicitor? Was there any reason why you used one of those? You won’t be able to recover those costs because a solicitor will charge you.
You could have got advice, support and help free from an advice agency local to you.

Sometimes you have to spend money for someone to do things for you.
If you are suggesting that a local advice agency would represent at a Tribunal hearing then that is news to me.
Also even finding such an agency that is open and is willing to carry out the work needed is like the hunt for a hen with teeth!
For the past 4 years I have tried everyone - AgeUK, CAB etc etc and have been told that it will be weeks before they could see me if at all.

Yes, that’s exactly what I’m suggesting. There are still some advice agencies that will represent for free such as Welfare Rights or a law centre. Citizens Advice no longer represent.

Why are all your comments always so negative? You really do remind me of another member but haven’t seen him post for quite sometime @racyguy.

rebel11

The resources are available, CAB, law centres etc. but those resources are finite, the number of claims has increased in recent times, more claimants needing help but the resources are still finite.

But I don't think anyone should have to pay to get the help they need regarding benefits.

flying_scotsman

Thank you for the prompt feedback, I take it the answer to recovering costs is 'no' which is a pity. As regards the free assistance, as others have said there was none to be found and the removal of the mobility payment was a real hardship to my niece and her son so something had to be done. The decision to remove the payment was ridiculous and overturned immediately at the Tribunal (which we were not to know) so it is annoying that DWP can inflict stress and worry then just walk away ...

poppy123456

flying_scotsman said:

I take it the answer to recovering costs is 'no'

That's correct.

Breacon

Hi,
Having read your comments, I fully understand your frustration, I am currently looking for a solicitor, who will help me, on a no win no fee basis.
I have tried all avenues to get help also, whilst CAB will help I have lost a bit of faith with them, as they completed my pip form in the first place, which has resulted in refusal, hence, the struggle I've had for the last 7 months. I personally find the pip form, conflicting & totally frustrating, there comes a point, when you just want the fight with DWP over with.
If I had the means, I also would have paid a solicitor.
I have come to the conclusion, that you have to fit the boxes with pip applications, unfortunately I seem to have a mental block now, in terms of pip.
But I'm pleased you won at tribunal, I too will keep fighting, I feel its all down to knowing the benefit system, & if you don't, that's when you encounter all the difficulties.

rebel11

Breacon said:

Hi,
Having read your comments, I fully understand your frustration, I am currently looking for a solicitor, who will help me, on a no win no fee basis.
I have tried all avenues to get help also, whilst CAB will help I have lost a bit of faith with them, as they completed my pip form in the first place, which has resulted in refusal, hence, the struggle I've had for the last 7 months. I personally find the pip form, conflicting & totally frustrating, there comes a point, when you just want the fight with DWP over with.
If I had the means, I also would have paid a solicitor.
I have come to the conclusion, that you have to fit the boxes with pip applications, unfortunately I seem to have a mental block now, in terms of pip.
But I'm pleased you won at tribunal, I too will keep fighting, I feel its all down to knowing the benefit system, & if you don't, that's when you encounter all the difficulties.

I take it you are at the Appeal stage, there is a lot of information here and on the net, the good thing is that 73% of claims at the Appeal stage succeed.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

flying_scotsman

I'm not sure what the driver behind these 'reviews' is, a cynical person might say it seems to be that there is a monthly figure to be met and that anyone could be targeted. The fact that you say 73% of cases are won on appeal just goes to show that there was no real reason in the first place for someone to have their PIP payments partially or severely impacted. The length of time it takes to go through the appeal process in order to have valid benefits reinstated is heartache to many. Luckily I could afford to fund my niece's appeal or else she would have just been left struggling to manage just like Breacon and, no doubt, very many others. Good luck Breacon I hope you do manage to get the help you need and fight your case.

poppy123456

Breacon said:

Hi,
Having read your comments, I fully understand your frustration, I am currently looking for a solicitor, who will help me, on a no win no fee basis.
I have tried all avenues to get help also, whilst CAB will help I have lost a bit of faith with them, as they completed my pip form in the first place, which has resulted in refusal, hence, the struggle I've had for the last 7 months. I personally find the pip form, conflicting & totally frustrating, there comes a point, when you just want the fight with DWP over with.
If I had the means, I also would have paid a solicitor.
I have come to the conclusion, that you have to fit the boxes with pip applications, unfortunately I seem to have a mental block now, in terms of pip.
But I'm pleased you won at tribunal, I too will keep fighting, I feel its all down to knowing the benefit system, & if you don't, that's when you encounter all the difficulties.

You don't need a solicitor for a Tribunal. There's lots of members here that go through this process without support from anyone. No one should have to pay anyone for help and support. This may help you understand the descriptors and criteria a little better. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Breacon

Thank you Poppy, I feel my intelligence is well below zero, when it comes to PIP, I read a post before from Nasturtium, it was an example, but it was brilliant, in terms of helping me to understand the info, that PIP want, I did ask her if she could give another example for washing/bathing etc.
But it helped me understand the criteria a little better.
I'm pleased you have replied, as I was beginning to think, my messages weren't getting through
So it's reassuring to know, they are.
I feel quite exhausted with the pip situation, but I will keep plodding on. Many thanks.

poppy123456

Breacon said:

Thank you Poppy, I feel my intelligence is well below zero, when it comes to PIP, I read a post before from Nasturtium, it was an example, but it was brilliant, in terms of helping me to understand the info, that PIP want, I did ask her if she could give another example for washing/bathing etc.
But it helped me understand the criteria a little better.
I'm pleased you have replied, as I was beginning to think, my messages weren't getting through
So it's reassuring to know, they are.
I feel quite exhausted with the pip situation, but I will keep plodding on. Many thanks.

Your comments are being posted. Please remember that all the members that post here do so freely in their own free time, so it may take quite a while for members to reply to any comments.

Breacon

Thank you soooo much.

JBS2022

I'm glad you've received useful advice. It's a great site

nasturtium

Breacon said:

I did ask her if she could give another example for washing/bathing etc.

Nasturtium is a him

I am pleased you found my advice helpful

With regards to the other example for washing and bathing. The advice I gave would count for each of the 12 activities. The key is understanding the 12 PIP Activities, descriptors and your limitations then combine them and explain in detail why you cannot do the activities safely, repeatedly, in a reasonable time or to an acceptable standard.

The Citizens Advice website give good information about the activities and the descriptors and it is well worth a read https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/

Breacon

Oh I'm so sorry Nasturtum, I hope I diddnt cause any offence.
Thank you for your help, it much appreciated.
Apologies for late apology.

nasturtium

Breacon said:

Oh I'm so sorry Nasturtum, I hope I diddnt cause any offence.
Thank you for your help, it much appreciated.
Apologies for late apology.

You have no reason to apologies because you have done nothing wrong

I am not easily offended and it made me smile so you caused no offence at all

I am please you found the information helpful.

Kind Regards

Nasturtium

Shazzys07

Yep I have just gone through the md and was still the same award even though they say I use crutches and can drive but I'm in a aircast boot following a complication from op can't wear boot or walk let alone drive and in the past year I've only been out to attend an appointment and my mental health is really bad (tried commiting suicide 3 times still think about it now) and none of my mental health has been taken into account so I'm now waiting for a tribunal date.

Alex_Alumni

Thanks for sharing your experience on this discussion @Shazzys07, I'm sorry to hear that your mental health isn't being taken into account, that makes things feel much harder I'm sure.

We'll be sending you an email a little later on today about additional support, so please let us know if it doesn't come through.

I hope you get a date for your tribunal through soon, and if we can do anything else in the meantime please ask

Shazzys07

Thank u dwp has until the 5th May to respond. I need to do a personnel statement of how ut affects me and also just recieved the assessors report and she keeps mentioning I use crutches and can cook when infact I don't use crutches and cannot weight bare on my foot so I cannot even stand to cook x Sgould I out all this down or wait till the hearing