Appealing PIP Tribunal, how long a Court Transcript would take?

Sarcoid2017

Dear Forum

I had a long awaited PIP Tribunal hearing on Monday which I don't believe has gone well as I had to represent myself via video link.

I got a phone call 15 minutes prior to my appointment but couldn't log in, as no link was given to me, but during this call I requested an up to date index for the bundle, as I had not received everything from the Court and my own bundle seem to have multiple pages with the same numbers. But couldn't get any index and the Judge said it was fine for me not to have the complete bundle 300+ pages when mine went to 255. I have spent endless hours prior to the hearing trying to get this information on the phone but I could never get through or my calls would be cut off.

I have many health problems and one of these is my hearing, but was asked to give answers I believe from some time in 2022, which I found strange as my PIP claim for a higher amount was made by someone from Veterans Welfare Services for a new claim put in 7 Feb 2023.

I have read that I can't appeal a Tribunal decision unless on a point of a case of law, but I answered questions in relation to that time, but when looking at giving answers during the period when my higher PIP claim was made I would be suggested by the Judge or others to keep my answers to the period in question.

My biggest area and reason for the higher rate related to my inability to Plan and complete a Journey, something that I don't wish to do on my own as whilst I drive, my multiple conditions means that I will often have to stop my journey or get lost as its impossible for me to understand my SatNav, and on most long Journey I wouldn't be able to complete so have relied on friends and family to drive long 15 minute + journeys. The Judge kept telling me I could plan a journey, but other than inputting my journey on my cars Sat Nav, I explained that other than the standard Left and Right, I would often get lost as could't understand what is being said, which is why I get others to either travel with me or do the Journey for me.

Sorry I will stop going on, but have asked the Court for a transcript, but if my decision is not in my favour am I limited to what I can do, if the hearing was based on how I was far before my application for a higher rate.

I've scored zero for planning a Journey and Zero for Communicating Verbally, but I have a benign tumour on my left hearing nerve and can't understand what is often said, unless the person stands on my right, or if I'm on the phone I use headphones just for my right ear, but day to day in a busy place I really struggle.

Just making contact to see how long a Court Transcript would take and what if any points of law I may have, but its like to be Zero like most of my claim seems to get.

Thanks

Albus_Scope

Hey @Sarcoid2017 and welcome to the community.

That sounds like quite the epic bundle of evidence you'd given, I'm sorry the tribunal didnt work in your favour.
Unfortunately I cant advise on points of law as that's well outside my knowledge, but as you said, you can only appeal to the upper tribunal if you can show the law wasn't followed properly in the previous tribunal. You best bet would be to speak to someone with the legal know how, I think someone from the CAB may be able to point you in the right direction.

Sarcoid2017

Thanks Albus, its a large bundle and growing all the time as when I first made a claim I scored zero across the board and even know it seems that my health issues whilst getting worse are being referred to a time when they were just bad, back in 2021, when I had what I thought was an ear infection, but MRI shows it to be a tumour on my nerve, but likely still going to score zero. Will try CAB but the queue is often very long or its closed.

poppy123456

To be clear, have you actually had the decision from the Tribunal yet? I'm a little confused here because you said you haven't had the decision but then said you scored zero and have requested the SOR and ROP from HMCTS.

MammaMu23

Hi Sarcoid2017,

I am so sorry to hear about your PIP experience.

To start the appeal process, reply to the decision letter, asking the tribunal service for Written Statement of Reasons AND the Record of Proceedings.

Then match up your answers with the desicion they have made.

If you identify one or more errors of law, firstly write to tribunal and ask for the decision to be set aside and/or for leave to be granted to appeal to the Upper Tribunal. Explain the possible errors of law. The First Tier Tribunal will then review the case and can set the decision aside.(This means the decision is cancelled and you get a new hearing.) Or the FTT will send the case directly to the Upper Tribunal if the law involved is more complicated. If the FTT won't agree to set aside, you can apply directly to the UT.

However, first get your WSOR and ROP and find those errors if law.

I hope this helps.

Sarcoid2017

Thanks Poppy

When I first applied I scored zero for everything and appealed, was granted PIP at lower rate, in 2022 after appealing and I got a simple phone call from the first Tribunal Judge who said he had seen my case and awarded me PIP. But as my conditions have gotten worse applied again in Feb 2023 which resulted in me scoring Zero again for hearing / communication but have provided evidence from hearing / speech from August 2023 but believe I was told that my evidence needed to be before some time in 2022.

Sorry its a bit vague but I really struggled to hear one of the lady's talk, but apparently it seems that if one ear is OK, thats fine, but my issue is that the bad ear mishears whats said so many words become muddled.

I'm probably jumping the gun early without getting my results, but trying to explain so many times the same thing that I struggle to communicate or hear unless its quiet and on my phone / computer where I can direct the hearing to my right side.

poppy123456

You can’t request the SOR and ROP without a decision being made or without knowing what their decision was.

It is possible to score points when deaf in one ear.

Sarcoid2017

Have managed to get my appeal, which was refused, but can't understand how I score zero for Communicating Verbally as I can't understand somebody talking that stands on my left hand side and if they are in front of me the words are confused. I tried a hearing aid but this just made what was confusing heard louder.

I spent most of the hearing with my right ear stuck to my right computer speaker as turned off the sound to the left hand side.

When I said I couldn't hear the lady talk, the Doctor said something useful which was the pitch of women's voices compared to mens.

Scored zero for planning a Journey, but I have had to give up my work years ago as can't drive more than 15 minutes and can't hear SATNAV or back pain will often prevent me from completing journey so will be stuck on the side of the road for hours in pain until I can either drive or my son can travel to me to drive me home.

I believe I need to "To start the appeal process, reply to the decision letter, asking the tribunal service for Written Statement of Reasons AND the Record of Proceedings"

Do I ask this information from the Court that the video hearing was from or do I contact PIP.

Any help would be useful as I know that if I had someone to help me on the day of my hearing, or had no issues with my hearing I could have actually spend the time looking at my notes and what I wanted to say, rather than sitting in pain struggling to hear what people were saying to me.

Thanks