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Pip tribunal

kay14

So I’ve just had my pip tribunal and the judge said they will make a decision and send it in post felt like it went bad is this normal ? Anxiety through roof 😩

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Hannah_Alumni

Well done for getting through it @kay14 I hope you have treated yourself to a sweet treat. I always say you can never go wrong with cake!

It is normal to have it sent through the post. Keeping everything crossed for you!

kay14

I just felt like they didn’t believe me and really interrogated it was awful fingers crossed 🤞

Hannah_Alumni

I'm so sorry. I really hope it goes in your favour. Please keep us updated

Hope you are enjoying this lovely weather!

kay14

Will do how long does it take through post ? X

Hannah_Alumni

It can take about a week, although the weekend won't count as working days for them.

poppy123456

It doesn't mean anything other than they couldn't tell you on the day. Usually no longer than 3 or 4 days for the decision letter. If you were able to track the appeal online then sometimes once the decision is made you maybe able to see what that decision was. If it doesn't eventually show up then you'll need to wait for the decision letter.

kay14

Thanks al keep checking X

kay14

Appeal refused 😩 not changed still 2 points for washing a bathing they said my condition after surgery doesn’t matter but it was up to 5/4/23 but I had the operation on 23 rd March

Hannah_Alumni

Oh @kay14 I'm so sorry. I was looking at Citizen's Advice webpage and they said:

You’ll be sent a guide with an official notice that explains your options. Sometimes it’s possible to appeal to a higher level of tribunal, called the Upper Tribunal, if you think your tribunal made a mistake in law, but you can’t appeal just because you disagree with the result.

If you’re thinking about challenging the decision, get advice from your local Citizens

Advice in England and Wales or in Scotland to check if you have grounds to appeal again.

You can reapply for PIP and start the process again, but unless something has changed you’re unlikely to get a different decision.

I'd encourage you to reach out to them for further support.

poppy123456

Im sorry to hear this. You can only appeal the decision on error of law. To find this you'll need to request the Statement of Reasons and Record of Proceedings from HMCTS within 1 month of the date of the decision. Once you receive them you'll need to find someone to take a look to see if they can find the error in law. If they can't then unfortunately, you won't be able to proceed any further.

If you request them then you'll need to see if there's either a law centre or Welfare Rights near to you. Citizens Advice do not deal with things as complex as this. https://advicelocal.uk/

kay14

Thanks i am already in touch with ca she she’s they can sort upper tribunal am so fed up don’t know what else to do , all they asked was questions what I could do without the illness don’t make sense

poppy123456

I'm very surprised the CA have said they will help because usually this is way beyond what they offer.

kay14

Yeah she’s been really helpful and nice , the judge said they know my condition has got worse. They said they couldn’t accept evidence after April but I got worse in March with all the evidence there ,surly this is wrong so should be able to go to upper tribunal x

poppy123456

When was your assessment? They won't take into consideration any worsening of condition since the assessment took place. They are looking to see if the decision was correct at the time it was made.

If you mentioned your condition had got worse then this can go against you.

kay14

I can’t remember all I know is they kept asking me to remember back to April , April when I was at my worst as I had the operation in March after that every went down hill , should I reapply? X

poppy123456

You should get some expert advice before reapplying to check for certain that it's possible to score enough of points needed for an award.

I see from a previous thread that you've been refused before this. I'm not saying you're not entitled because i don't know anything about your conditions or how they affect you so it's impossible to advise with that.

If you reapply using the same evidence you previously used then another refusal could be possible.

kay14

Hi me again . If I reapply for pip while I go to the upper tribunal will I still get back pay for the first claim , could you tell me the how the system works plz x

poppy123456

You can't just appeal a Tribunal decision because you disagree. You need to find the error in law first. It can be a very lengthy process.

If you start a new claim then any decision on that will overrule any possible new decision made by the Tribunal.

If the Tribunal change the decision and award you PIP then you will receive money owed up until the day before you started your new claim.

Have you requested the SOR and ROP from HMCTS? You can't proceed any further without those.

kay14

Thanks I know this am just waiting for CA to get back to me , I saw one of the rule breaking was that the dwp shouldn’t be in the room without me which they was as they had started without me then invited me to the call how do I know what they was saying , am just stuck again wondering what to do for the best I’ve had no income now since March only my partners wage x

poppy123456

kay14 said:

Thanks I know this am just waiting for CA to get back to me , I saw one of the rule breaking was that the dwp shouldn’t be in the room without me which they was as they had started without me then invited me to the call how do I know what they was saying , am just stuck again wondering what to do for the best I’ve had no income now since March only my partners wage x

I don't think that applies to telephone/video hearings. Each individual person has to be invited to the call first. It would be completely different if it was face to face hearing.