Hi, my name is MammaMu23! Can I disagree with the decision and have a new hearing?

MammaMu23
MammaMu23 Community member Posts: 2 Listener
edited August 28 in PIP, DLA, and AA

Just need someone to help me out.

Had a court hearing and got 7 points on my daily living.

10 on mobility.

It has taken over 18 months!
I had a remote hearing the connection was not great. Can I disagree with the decision and have a new hearing?

Comments

  • vikki66
    vikki66 Posts: 209 Connected

    Hi @MammaMu23,

    Hope you’re ok, these “assessments” are gruelling.

    I’m pretty sure that you need to wait for a decision letter, see where you got the points, and appeal/disagree with questions where you think you should’ve got more points.

    I’m not sure how to advise re the bad connection, but maybe you could talk to CAB or the local disability advocacy service in the meantime, so that you’re best prepared on how to appeal.

    Hope it goes better next time.

  • chiarieds
    chiarieds Community member Posts: 16,364 Championing

    Hi @MammaMu23 - & welcome to the community. Unfortunately you can't appeal (which would then be to an Upper tribunal) unless an error in law is found (&, importantly, if such an error might change your award).

    You would need to ask HMCTS for a 'Statement of Reasons' & a 'Record of Proceedings,' then get someone to check to see if there was an actual error in law.

  • Albus_Scope
    Albus_Scope Posts: 7,000 Online Community Coordinator

    Hey there @MammaMu23 and a big welcome from me too.

    I'm sorry to hear things didn't go as planned with the tribunal. Unfortunately as said above, you can only appeal an appeal if you believe there's been an error in law which would change the original outcome.

  • vikki66
    vikki66 Posts: 209 Connected

    Apologies, I didn’t realise that this was a tribunal hearing.

    Sorry to hear a tribunal hasn’t gone well.

  • MammaMu23
    MammaMu23 Community member Posts: 2 Listener

    thanks everyone!

    Sadly not the answer I was hoping for….

    However, I think I will start a new one as my health has deteriorated in the time I have been waiting.
    Or maybe I can update it an see if they accept the change to my condition?

  • vikki66
    vikki66 Posts: 209 Connected

    Hi @ MammaMu23,

    Hope you’re ok after all the stress of the tribunal.

    Stay strong and don’t let them get you down 🥰

  • poppy123456
    poppy123456 Community member Posts: 59,077 Championing

    You can't just update that claim. You will need to wait for the award to be put into payment and then report a change of circumstances.

    You will be sent another form to fill in and return with all your supporting evidence. Another assessment is most likely because most people have them. Once a decision is made your award could either remain the same, be increased or stopped completely.

    Please also be aware that a worsening of condition doesn't automatically entitle you to more points for a higher award.

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