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Pip appeal to tribunal advice needed

gerrys6

As usual I turn to this great site for help and advice I had a review and got a higher daily living in dec 2022 I was pleased but disappointed I got only 4 points for mobility the thing is I’ve been wanting to appeal to tribunal but find I’m scared ! I don’t go out and if I do it’s always with one of my daughters in their cars I used to be independent and go shopping on my own but don’t do that anymore for years now. Could I still appeal to tribunal ? The reason for the lateness is that I daily question their decision because I don’t go out I’m positive that question twelve of going on a journey on a bus or public transport unaided to an unfamiliar destination i would never even attempt now because I know I could not do it to any level or repeat it ! I suffer anxiety and probably ptsd I have a real problem with any situation even when I can’t get my girls on the phone or they’re out for the night I am in a state of hyper vigilance and I catastrophise everything in my mind which would make it impossible for me to go on transport and do a journey alone.. I already think the worst of what could happen if I attempted it which raises my anxiety levels even thinking about it . Could I appeal ?

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Comments

poppy123456

You have 13 months to challenge the decision. If you haven't requested the Mandatory Reconsideration for this decision then you need to do that first. As you're outside of the 1 month timeframe then you'll need to tell them why you didn't request it within the first month. If they refuse you just proceed to Tribunal.

If you've already gone through the MR process then you can just request the Tribunal.

Do be aware that they will not take into consideration any worsening of condition since the assessment took place.

You said you don't go out unless someone is with you. Are you able to go out the majority of the days, even if someone is with you? If you can't then it's likely that 1E will apply, which would be 10 points.

gerrys6

I don’t go out maybe once a week sometimes it’s once every three weeks so no and what does it mean worsening of the condition I was this bad when the phone consultation took place and the MR the decision maker rang me but upheld their decision. i am worse because of the fibromyalgia but they never took that into consideration at the review as it was a new diagnosis but they were aware of the fibro but it’s not the fibro that I don’t go out it’s the anxiety and the overthinking and catastrophising what could go wrong ..

poppy123456

PIP isn't about a diagnosis so not having one at the time of your review wouldn't have made any difference.

For following and planning a journey then it does sound like 1E will apply because the majority of the time you're unable to undertake any journey.

However, fibro is a physical condition so depending on how far you can walk then it maybe possible to score some points in the moving around part, which could take you to Enhanced mobility.

jeanlafont

tribunal on what grounds of application process that they did not look into is the foundation question
only you can answer .

gerrys6

I don’t understand that question sorry ?

gerrys6

I don’t think they took into account or ignored me telling them since 2018 that I have such severe anxiety in particular this review in what should have been 2021 but coz of Covid was late etc I even had a phone call off them and I still said I don’t travel in a car alone never mind transport so I really don’t understand how they think that I could.

poppy123456

jeanlafont said:

tribunal on what grounds of application process that they did not look into is the foundation question
only you can answer .

With all due respect i'm finding some of your comments difficult to read. Again i'm not sure what you mean here, can you please explain.