Refused permission to appeal against the tribunal's decision.I can apply directly to the Upper Tribu

andwhatisnow

Hi everyone, I applied for permission to appeal to the Upper Tribunal against the Tribunal's decision. I wanted my PIP go from standard to enhanced.
Today I received a letter from the HM Courts & Tribunals Service.
It says 'I find that is is not appropriate to review the decision because there is no clear error of law in the Tribunal's decision. Permission to appeal is refused because no arguable error of law has been identified. An appeal to the Upper Tribunal can only be on a point of law. The application, in substance, is seeking to re-argue facts. It also refers to a recent deterioration in health. Permission to appeal cannot be granted on these grounds.' If I wish to continue with my application I can apply directly to the Upper Tribunal. Does it mean that I cannot use my health issues as a reason to appeal? I feel that I wasn't awarded what I deserved.
On the papers it says 'Please tell us what error of law you think the First-tier Tribunal has made.

rebel11

https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

poppy123456

andwhatisnow said:

Does it mean that I cannot use my health issues as a reason to appeal? I feel that I wasn't awarded what I deserved.

Yes, that's exactly what it means. The Tribunal can't take into consideration any worsening of condition. You can't appeal just because you think you deserve more points.

If your health conditions have got worse and you think you can score more points for a higher award you will need to report a change of circumstances. You will then be sent more PIP2 forms to fill in and return and the whole process starts again.

Before doing this you should get some expert advice from an agency near you.

andwhatisnow

poppy123456 said:

andwhatisnow said:

Does it mean that I cannot use my health issues as a reason to appeal? I feel that I wasn't awarded what I deserved.

Yes, that's exactly what it means. The Tribunal can't take into consideration any worsening of condition. You can't appeal just because you think you deserve more points.

If your health conditions have got worse and you think you can score more points for a higher award you will need to report a change of circumstances. You will then be sent more PIP2 forms to fill in and return and the whole process starts again.

Before doing this you should get some expert advice from an agency near you.

Who do I need to contact to report a change of circumstances? And what if it's not just a change of circumstances but it's also the fact that I still disagree with what I was awarded?

poppy123456

You need to contact PIP if you want to report a change of circumstances.

PIP enquiry line
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

You can't appeal a Tribunal decision just because you disagree with the decision. Please read the link that rebel posted above.

andwhatisnow

poppy123456 said:

You need to contact PIP if you want to report a change of circumstances.

PIP enquiry line
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

You can't appeal a Tribunal decision just because you disagree with the decision. Please read the link that rebel posted above.

So I will need to fill the forms like in the beginning? Exactly the same form?
What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

Cartini

andwhatisnow said:

poppy123456 said:

You need to contact PIP if you want to report a change of circumstances.

PIP enquiry line
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

You can't appeal a Tribunal decision just because you disagree with the decision. Please read the link that rebel posted above.

So I will need to fill the forms like in the beginning? Exactly the same form?
What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

That`s fraudulent activity.

andwhatisnow

Cartini said:

andwhatisnow said:

poppy123456 said:

You need to contact PIP if you want to report a change of circumstances.

PIP enquiry line
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

You can't appeal a Tribunal decision just because you disagree with the decision. Please read the link that rebel posted above.

So I will need to fill the forms like in the beginning? Exactly the same form?
What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

That`s fraudulent activity.

I didn't mean lying. I mean explaining in more details and different words.

poppy123456

andwhatisnow said:

So I will need to fill the forms like in the beginning? Exactly the same form?

Yes that's exactly what it will be. This means that once the decision is made you could either be refused completely so your PIP would stop, your award could remain the same, be reduced or increased.

andwhatisnow said:

What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

No, you just fill the forms in as a new claim. However, i note that you were refused the first time which is why you took it to Tribunal. The same could happen again if you fill the forms in the way you did the first time.

Just because you disagree with the decision it doesn't mean you can score more points needed for a higher award.

The Tribunal will have applied the law correctly so unless your condition has got worse since the original decision was made by DWP on your existing award i can't see how you could score more points.

andwhatisnow

poppy123456 said:

andwhatisnow said:

So I will need to fill the forms like in the beginning? Exactly the same form?

Yes that's exactly what it will be. This means that once the decision is made you could either be refused completely so your PIP would stop, your award could remain the same, be reduced or increased.

andwhatisnow said:

What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

No, you just fill the forms in as a new claim. However, i note that you were refused the first time which is why you took it to Tribunal. The same could happen again if you fill the forms in the way you did the first time.

Just because you disagree with the decision it doesn't mean you can score more points needed for a higher award.

The Tribunal will have applied the law correctly so unless your condition has got worse since the original decision was made by DWP on your existing award i can't see how you could score more points.

So it's a risk, that from trying to get more I get taken away what I have. So it's better to leave it there..

poppy123456

Yes, it's always a risk and you could lose everything you already have. This is the reason i advised to get some expert advice before going any further. PIP isn't about deserving a higher award, it's whether you can score enough of points needed for that higher award and no one is automatically entitled to this.

andwhatisnow

Cartini said:

andwhatisnow said:

poppy123456 said:

You need to contact PIP if you want to report a change of circumstances.

PIP enquiry line
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

You can't appeal a Tribunal decision just because you disagree with the decision. Please read the link that rebel posted above.

So I will need to fill the forms like in the beginning? Exactly the same form?
What if it's not just a change in circumstance but I also disagree with what I was awarded? Do I make it look like it's a change in circumstance?

That`s fraudulent activity.

I didn't mean lying. I mean explaining in more details and different words.