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Advice on appealing to upper tribunal for PIP

BLouise

Hiya,

I'm not even sure what to say, I'm really at a loss.

I have recently been diagnosed with Autism, and I'm awaiting ADHD assessment.

My PIP claim has been refused at tribunal, despite everything (I know I should probably explain but I've been doing this repeatedly for a year and I can't cope any longer).

What I would really like to know is if anyone can recommend any service or resources for helping with appealing to the upper tribunal.

I've worked so hard and, as an autistic person, the fact that my issues have been completely ignored is the worst part.

I have requested the statement of reasons from the tribunal so I'm currently waiting for them to send that to me.

Any advice or signposting is hugely welcome and appreciated.

Also does anyone know the success rate at the upper tribunal level?

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Comments

chiarieds

Hi @BLouise - & welcome to the community. I'm sorry to read you weren't successful with your PIP tribunal. You've done the right thing in requesting the tribunal's statement of reasons, but hope you may have also requested their 'record of proceedings.'

Once you have these, you would need them to be looked through to find if there's an 'error in law.' Without finding such an error it would be very difficult to have an Upper tribunal look at your case. Even with finding an error, it would need to be sufficient to help you gain an award.

I'd suggest seeing if there's a Welfare Rights Office near you to see if they may be able to help once you have the statement of reasons & record of proceedings. Please check here:

https://advicelocal.uk/

BLouise

https://forum.scope.org.uk/discussion/comment/943349#Comment_943349

Thank you!

Sadly I haven't requested the record of proceedings, I had no idea that was a thing 😬 Is that something I can still do or is it too late now that I've already requested the statement of reasons?

BLouise

https://forum.scope.org.uk/discussion/comment/943349#Comment_943349

I've gone down a real rabbit hole tonight and have come to the conclusion that I just wasn't prepared enough, and I waffled too much. Do you think I might be better off just starting the whole process again with more preparation this time?

chiarieds

You can also request the Record of Proceedings within one month of getting your tribunal decision. Both this & the Statement of Reasons can take some time, as the judge will write these up in their spare time.

I'd wait for these since you've requested the 'Statement of Reasons.' Then you can, if you wish, get them checked to see if there was an error in law.

If no such error can be found, then our members can help you with a new claim, just keep in touch & let us know.

BLouise

https://forum.scope.org.uk/discussion/comment/943364#Comment_943364

Thank you for your help, I really appreciate it ♥️

chiarieds

You're very welcome. Just let us know how you get on.

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