Pip tribunal Written Statement of Reasons

Bispham1980

Hi all, Im looking for clarification as to whether I am allowed to refer to my pip tribunal win (and specifically cite the WSOR) in May, when I have an assessment for a new pip award in a couple of weeks. Does anyone know?

Thank you,

Bispham1980

chiarieds

Hi @Bispham1980 - & welcome to the community. There's no harm in mentioning your Tribunal win, tho I don't know whether you'd have the opportunity/time to go into the SOR.

I'd just then rather concentrate on answering the questions with as much detail as possible keeping it all relevant to the PIP activities/descriptors. Hoping all goes well 😊

Judyteen

https://forum.scope.org.uk/discussion/135272/pip-tribunal-written-statement-of-reasons

Keep it short and sweet. Andrea on you tube is AMAZING! Justice Journey are also well versed... just join , watch them on you tube first. You won't be disappointed. They are both ex DWP assessors. [removed by moderator - advertising] But in your situation you just need to keep ringing them as they have a ZHUGE backlog. More to come. But you will be backdated to the day you claimed. Good luck 👍

Rosie_Scope

It's good to hear you have found these YouTube channels helpful @Judyteen

However, just a note to everyone - be very wary of handing over money to people online. They may well offer some good advice, but there are free services to help with PIP forms from qualified benefits advisers. They will know the current legislation and be able to assist in filling in the forms as well as helping with appeals and tribunals should it come to that. We'd always recommend the free services as a first port of call.

Citizens Advice and Turn2Us - AdviceFinder are worth investigating if anyone reading needs some support with a claim or appeal.

Good luck with your assessment @Bispham1980 ☺️

Bispham1980

Hi all again, thankyou for your various input. Thankyou for the welcome.

I take your point Charieds, most of the focus during the assessment should be on ensuring the activity points are covered well enough.

I feel I've got myself into a devil and deep blue sea situation here. I took a call from a judge on the morning of my scheduled tribunal hearing and she advised me that she was adjourning. I had waited 13 months, so it was disappointing. She then went on to mention that I could if I wished put in a new claim whilst I waited for a rescheduled date for my hearing from claim 1. I thought maybe she knew something I didn't so I told her I may well take her advice. I started a new claim that afternoon; not realising that this now gave a closing date to the first claim, whether or not it succeeded.

My hearing was heard 4 weeks later. I went from 4 points to 24 and enhanced in both categories. I was delighted but then dismayed to think I had to do it all again, because I had wrongly taken the first judge's advice, hence creating a closed award. In essence, although my claim was backdated for 18 months; it was over before it began.

I imagine few people out there would get themselves into such a confused situation.

You are left feeling such a fool. 😳

chiarieds

I'm so sorry @Bispham1980 - you should have been advised to then close your new claim if you felt the length of the tribunal's decision was one you were happy about. Was it just last month that your tribunal went ahead?

I don't believe there are any time constraints on this, rather you can withdraw a PIP claim at any time before a decision is made. This from The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (scroll down to reg 31:

''Withdrawal of claim

31.—(1) A person who has made a claim for benefit may withdraw it at any time before a determination has been made on it by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Secretary of State or in such other manner as the Secretary of State may decide or accept.

(2) Any notice of withdrawal given in accordance with paragraph (1) has effect when it is received.''

https://www.legislation.gov.uk/uksi/2013/380

However, I would attempt to get this clarified with a Welfare Rights Office if possible before your assessment. See if there's one here: https://advicefinder.turn2us.org.uk/

Bispham1980

Chiarieds,

thank you again for coming back about my situation. Your advice is sound, but as I didn't withdraw my claim before the Tribunal's decision, I know I have left it too late now.

The tribunal was only 3 weeks ago. I guess I had been gradually worn down by the negativity I had received from the many Pip responses to my multiple additional evidence whilst awaiting the hearing.

I couldn't understand it, my medical evidence from various professionals all said much the same thing, I even had a consultant stating the accident I was involved in had caused my permanent, sensory injuries, which should be classified as severe.

My only conclusion is that as far as Pip DM's are concerned, claimants with unseen disabilities suffer additional discrimination on the grounds that their conditions and symptoms are unseen. Of course, ignorance could also be a factor. This clearly leads to misjudgements being made and unless you have enormous tenacity and the ability to argue objectively and represent yourself, it remains very unlikely that you will succeed.

In this respect I do take some comfort that I came through this to get an award at all; but I am mindful of the many people out there who may be in similar situations who are initially rejected and unable to continue.

Sadly, I cannot see this changing for those people any time soon.