Appeal turned down unreasonably

SHIRTY99

Hi everyone,

Thanks for reading - I have been supporting my son's girlfriend to appeal her PIP decision -she was living with us for two years but has just gone to Uni (I imagine this has gone against her big time even though it shouldn't) and we had a horrible time on the day. The panel member for disability didn't appear to understand autism or have any sympathy for my son's gf's difficulties and kept saying things like 'lots of people do that' or when I said she doesn't eat breakfast when she goes out, the disability panel lady said 'some people fast' to which I did say that that was a choice… I feel like her interpretation of the law on PIP was wrong - my son's gf takes hours to cook meals; can only shower once a month; but didn't score on these thing at all… I have requested the recording and a statement of reasons, but is there any support for a young person to appeal. I don't know if I am capable as I feel like I have already failed her in not getting her through this appeal. Feeling quite despondent and a bit desperate as I can see where she is struggling.

Thanks in advance,

Steph

Kimi87

Your only option is the Upper Tribunal, but to get a hearing you need an error of law. Disagreement with the refusal isn't enough.

https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal

It might be a fresh application, with support from a local welfare rights organisation is the way forward.

https://advicefinder.turn2us.org.uk/

SHIRTY99

Thanks! Yes I believe there was an error in how the law was applied I am just overwhelmed with managing everyone's claims and feel like her case was not successful because of me not being on top of it and also because I was her boyfriends mum. Does that make sense?

Trevor_PIP

@SHIRTY99 sorry for you disappointing Appeal.

I knew nothing about PIP when I applied and did everything myself, the forms the lot. I had an Appeal and at the end of it I was 1 point down. I got the statement of Reasons and because I didn't know what I was doing I applied to the Upper Tribunal, stating like you I should have got points for this and that and it was declined. The judge that looked at my claim refused the Upper Tribunal Appeal stating there was no error of law. I was given the one point I was short of in end as I was never giving up! Just thought I would mention this. Also note, you can wait some time for the Upper Tribunal too.

As Kimi has said it could be a new claim and that is what I would do.

chiarieds

Hi @SHIRTY99 - & welcome to the community. I'm sure you did everything that you could in helping your son's girlfriend's PIP claim & subsequent appeal.

You will need someone to look over the ROP & SOR to see if they can find an error in law as mentioned above. Sometimes these can be found, but even then you wouldn't be able to proceed to an Upper Tribunal unless they would mean these could likely result in an award.

If she applies for PIP again, then if you can't find a Welfare Rights Office to help using the link Kimi gave, then, if you haven't seen these resources before, I hope you may find them useful. With the first one, the section about 'Reliability' is very important with all of the PIP descriptors: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#reliability-1

https://mentalhealthandmoneyadvice.org/welfare-benefits/pip-mental-health-guide/help-with-your-pip-claim/how-to-fill-in-the-pip-form/

It would be a new claim, not a 'Change of circumstances,' which is only relevant if you currently have an award.

Please do come back if you have any questions as our members will try to help.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1089127#Comment_1089127

Correct, it would be a new claim. I was thinking about my own claim at the time I was typing that. It was a Change of Circumstances for me as I put that in while my current award was still valid, never went ahead because I got the one point I was short given.

SHIRTY99

Thanks everyone - Does anyone know if it might be possible to request to appeal and for her to start a new claim?

We first started this claim in Jan 2024!

chiarieds

Hi again @SHIRTY99 - to the best of my knowledge, then if an appeal to an Upper Tribunal is allowed, if say they make an award, any backpayment due to the tribunal's decision would only be up until the date any new claim had commenced. A tribunal can change the DWP's decision, but conversely any subsequent award/no award made by the DWP would over ride any positive award made by an Upper Tribunal.

I've checked, & this seems to be the likely scenario: https://www.rightsnet.org.uk/Forums/1606152/now/viewthread/20874/

In short, you can do both, but here again is where a Welfare Rights Officer could better guide you.

It is frustrating how long everything can take!

SHIRTY99

https://forum.scope.org.uk/discussion/comment/1089145#Comment_1089145

Thank you @chiarieds !! I use rightsnet but hadn't come up in my search yet as well I came here first as figured it would be good to hear from others.

I think this is the way forward for her. To do both at the same time.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1089194#Comment_1089194

Best of luck and hope it works out for you!