Pip tribunal didn't give points for mobility

sswarby

I've just received my pip tribunal result and still not got enough points for mobility scheme. I only need an extra 4. I use a rolator when I'm able to get in my daughter’s car but as it's only a 2 door low level it's difficult as there's not much room for one let alone my wheelchair. I don't have the strength in my legs to get into a low level car or the money to buy a new car as we are both on benefits. I'm not asking for much surely? Can I appeal?

sswarby

Has anyone appealed their tribunal?

sswarby

chiarieds

Hi @sswarby - & welcome to the community. I'm sorry you didn't get sufficient points with your tribunal to be able to use the Motability scheme. Unfortunately you can only appeal (which would be to an Upper Tribunal) if an 'error in law' can be found.

You would need to ask the tribunal for their 'Statement of Reasons' (SOR) & the 'Record of Proceedings' (ROP). You would then need to get these checked over to see, not only if an error in law could be found, but also if such an error might gain you those extra 4 points to increase the award of your mobility component.

You have 28 days in which to ask your tribunal for permission to appeal & for the SOR & ROP.

Jimm_Alumni

Hey @sswarby, welcome to the Scope online community 🙂

Sorry to hear the tribunal outcome wasn't what you were hoping for. Chiarieds above has given the proper steps that must be followed to appeal a tribunal and to see if an Upper Tribunal is a potential step.

You can read a little more about Upper Tribunals in our advice section here: Appeal to the Upper Tribunal | Disability charity Scope UK

I've also moved this discussion into our PIP category for you 😊

OverlyAnxious

https://forum.scope.org.uk/discussion/124333/pip-tribunal-didnt-give-points-for-mobility

Sadly the points for this descriptor do not consider the access you need for getting in & out of a car, or the type of car that is suitable for your needs. The Motability scheme does not allow manual applications to be made for those who don't meet the PIP criteria. It is a very unfair system in my opinion. I am hopeful that it will be made fairer in future but for now there's not much we can do about it.

sswarby

I don't know whether it's worth more upheaval or just wait for my health to get worse which it is

poppy123456

You can't just appeal because you disagree with the decision. Before you do anything else you need to request the Statement of Reasons and Record of Proceedings from HMCTS within 1 month of the date of decision.

If you report changes once the award is in payment then they will send you more forms to fill in and return. Another assessment is most likely because most have them. Once a decision is made your award could either remain the same, be increased, decreased or stopped completely.