Appeal Outcome Advice — Scope | Disability forum
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Appeal Outcome Advice

7501x
7501x Community member Posts: 48 Connected
I've had my tribunal for PIP today. The 3 panel members were honestly so nice. It was a telephone hearing. Currently I'm on standard foe daily living and mobility. At the start of the call the judge informed me they had increased my award from standard to enhanced for Daily Living and that they had no questions go ask me; they were happy to make that decision purely based on the paper evidence submitted to them. They did have some questions about the Mobility section which when discussed I felt went really well. If anything this was the section I thougjt I was more likely to win - I already had 10 points for moving around so only needed another 2 points. Citizens Advice went in for an extra 10 points for Mobility based on my health and requested these points under the planning and following journeys. As we felt I was entitles to 10 points for this descriptor, I really didn't think it would be hard for me to get only the 2 points needed to go to enhanced mobility. 

At the end of the call the judge informed me I would get a letter in the post confirming the decision. It was around 5pm so I didn't expect a decision there and then. I explained I'm anxious so the judge really kindly said once she had typed it up, he would get her secretary to email me the outcome tomorrow morning. They said they didn't think it goes onto the online portal. About an hour ago I thought I'd check the portal just on the off chance and low and behold it states the case is closed and there was a decision letter I could download. I'm really upset and confused because I've been kept on standard mobility. It doesn't explain why, it just confirms the 10 points I already had from before that DWP awarded me before any appeals. 

Question is...could this not be the full decision as I was told they didn't think it went onto the online portal and that they would send it in an email tomorrow? The judge also said she would need to "type it up" and the letter on the portal is very basic - it's got in a table each descriptor I've been given points for and how many points. It then says what award (standard/enhanced) I've got and ghat they're both until 2025. Is this normally the format of the decision letter? I guess I'm pinning hope on the fact it may not be and could potentially just be the document that was created when they decided to award the enhanced for Daily Living yet hadn't decided yet on the mobility side of things. 

This has been a long 2 year battle and I am emotionally and physically drained from it all. I don't have a car so the enhanced mobility would have changed my life. I've cried all afternoon both during the hearing and afterwards. I just feel so utterly deflated!

Can anyone please offer any advice? Could this not be the final decision and ill receive that tomorrow morning?

If you've made it to the end of this post - sorry and thank you!!

Comments

  • poppy123456
    poppy123456 Community member Posts: 52,192 Disability Gamechanger
    I’m sorry it didn’t go the way you were hoping. 

    I would be very very surprised if they emailed you the decision because usually for security reasons they don’t do this. 

    As you’ve been able to track your appeal online then yes you will be able to see the decision on there. Many other members here have also been able to do the same. 

    I can’t see that the full decision wouldn’t have been uploaded because now it says closed so that’s likely to be their final decision. 

    They will also send you the decision letter in the post which you should receive in the next few days. 

    Once you receive that if you’re not happy then you can request the statement of Reasons and Record of Proceedings within 1 month of the date of the decision. Once you receive those you need to find the error in law before you can take it any further. You will need to get expert advice for this and I believe it will be beyond the capabilities of Citizens Advice. You will need to look at either Welfare Rights or a law centre near you. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • 7501x
    7501x Community member Posts: 48 Connected
    Thanks Poppy. I'm so worn out with all of this I don't know if I can take it further this time. I've spent all afternoon crying. In my opinion the daily living was the hardest to score points on; there's more questions, more complexities with thr answers needed. All I needed was even the lowest scoring criteria on one question (planning and following journeys) and I just don't know how They've been able to justify not awarding any points for it. I gave them more detail, which was consistent throughout, it was bullet proof intact, to argue why I should have been awarded points on this question. Yet They've clearly not believed any of it and I don't know why because it was all very free flowing and detailed. I basically explained I can't do unfa iliac journeys, explained how the last time I saw a friend (12 months ago) I did a partially familiar journey and what should have been 10 minutes turned into an hour of driving, going down motorways and missing exists adding huge time onto the journey (and this was a journey that should have been 10 minutes through little villages and I ended up on motorways!). I just turned to absolute mush and felt like I'd been beaten up by the time I finally got home. I also explained if it's an unfamiliar journey my partner does the driving as I can't do it full stop. I was asked what would happen If I was alone with my son and I needed to get him to hospital. I said I would need to phone family to take us or I would need to phone an ambulance. I didn't hesitate, they went over this area in so much detail and for quite some time also. My explanations stayed consistent and still....not even the lowest points awarded. I can't stop crying because I'm just so confused! 

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