Been informed that there ‘are no statement of reasons’ after I requested them.

yaffa

Won PIP appeal giving me two extra points which enabled me to receive standard daily living but still believe I should be on enhanced due to not being able to carry out activity one. They say I can make meals on a stool.

I asked for SoR, got a letter stating that this document does not exist. What options do I have now I thought. Through illness I just gave up. Several weeks later I received another letter saying they have received my request for SoR and I will get a letter soon. Today, received a letter from judge offering me the choice to set aside first tier tribunals decision and get a new panel to rehear my case or request the statement of reasons. Which I was told there isn't one.?  What do I do? Got to reply within 21 days.
Will I risk losing the new points awarded if rehear? Or should I try again to get SoR? What will happen if they dont have any? Will I be going around in circles?  Am too ill to think straight. Appreciate any advice. 

Albus_Scope

Hi @yaffa I'm sorry this is making you feel worse. 

 I've not had to deal with a post tribunal issue before. But hopefully by posting, it'll give your post a little bump up the page so more people will be able to see it. I'm wondering if they said the WSOR (Written statement of reasons) didn't exist as it just hadn't been put in the system at that time? 

  Has the judge stated it's either get a new panel OR request the WSOR? 

chiarieds

Hi @yaffa - in order to proceed to an Upper Tribunal you'd need both the SOR & ROP (Record of Proceedings) & then find someone to look through these to find an error of law without which you couldn't proceed. Also this would need to be an error where it's thought that this could increase your award as otherwise there'd be no point in trying to take it further.

If you have the option to have the tribunal set aside, then you would literally be starting again with 0 points to see what a new panel would decide. Your decision may be influenced by the length of the award the first tribunal awarded you, & thinking if you could gain sufficient points for an enhanced award of the daily living component with a fresh tribunal.

yaffa

Thank you both.

Yes that is the two options the judge gave. I am so exhausted I dont know if I can cope with pursuing anything tbh.

The award was for 4 years. 

Since my appeal the local council have made me a care pan and pay £1000 per month for help at home.. now I have two personal assistants who come to my home to help 5 days a week to cook all of my meals and clean. I have the care plan document. Before it was only my word at appeal and no evidence that I cant cook meals. Do you think this paper would now help to score more than the 2 points for activity one that I currently have?

It is so hard to get written evidence of what you can and cant do isn't it?

Would I be better off just writing to dwp with a change of circumstances maybe?

chiarieds

Your care plan may help in the future, but if you either find you can appeal to the Upper tribunal, or decide to go with getting another hearing with a fresh panel, they will be going off the evidence (most importantly your own) as to how you were at the time of your assessment. It could however be argued that the help you are hopefully soon receiving was already needed at this time.

As I mention, the most important evidence is your own about any limitation of your ability to prepare food, & exactly why. Your word at your appeal should have been enough, but if you hadn't gone into sufficient detail initially, or with your Mandatory Reconsideration, that won't have helped.

Should you consider reporting a 'Change of circumstances,' then you'd be sent a new claim form to complete, have to go through another assessment, etc. So this also would be like a new claim, & you could lose the award you have, or it could stay the same, or increase, so that needs to be taken into consideration. I'd suggest getting some advice before putting in for a Change of circumstances by looking here to see if preferably there's a Welfare Rights Office that can help, either with that, or your current dilemma: https://advicelocal.uk/