Re: PIP TRIBUNAL (MOBILITY NOT AWARDED)

Tamsyn

Hi guys, 

Was wondering if anyone could offer any insight. I was awarded the standard rate PIP at my tribunal this week but failed to meet mobility criteria, I was extremely fatigued by the time we go to these questions and totally missed her point. 

There was a semantics issues over her examples of familiar and unfamiliar journeys, I do not, and can not do unfamiliar journeys alone, ever. 

She used a 3minute radius of my home as reference for familiar journeys. 

She then (attempting to offer an example of an unfamiliar journey) asked what I did when my therapist moved offices, brain dead me said - she moved right around the corner next to my Dr's so it was just a couple of minutes away and I knew where it was. She then asked, if your Dr's wasn't there what would you have done, and I said 'Use google maps if I'd got lost' but I couldn't see myself getting lost with it being right around the corner - SHE DIDN'T MEAN THAT THOUGH … she meant, if it had been somewhere else, somewhere you didn't know what would you have done, it's just she didn't say it and I took her words way too literally to tell her how I am left alone to navigate unfamiliar territory. 

I'm so gutted, I was just so tired and stressed and lost by this point, but was really hoping I would (and was told I would probably get the full whack given my circumstances), which I would have done without this misinterpretation of one another as I'd already scored 4 points for mobility. 

The judge even said I'm so sorry we couldn't score you anymore for that. I didn't get what he meant, but now I see I totally lost the line of questioning, and I think they knew I had too.

I'm confused as to what I could do, if I contest the decision based on that one factor can the whole of the rest of the decision get scrapped to get the WHOLE case reheard? Or do they consider just the one thing you're addressing. I can't go through it all again with the potential of  losing the whole lot with a different panel. I just can't. 

many thanks,

Hope I made some sense

BenefitsTrainingCo

Hello Tamsyn

I suggest you immediately ask for a written statement of reasons from the tribunal. This is not the same as asking for it to be looked at again. You will be able to look at the reasons and you will have a further month to decide what to do.

Relatively few cases go to the Upper Tribunal but if you do there is a risk of the whole award being reduced although in practice this quite unlikely.

Appealing to the Upper Tribunal requires specialist advice and so i suggest you contact the Scope helpline on 0808 800 3333 to find out what services might be available locally to you.

David

Tamsyn

Thank you David … I appreciate that advice, I assumed that might be the case, and I can to afford to lose the rest of it - I'm not even angry with her, or myself - it really was a miscommunication - my panel were lovely. 

I don't think I could handle the stress of going through it all again to have it revoked especially if they think I'm challenging them (which in reality I am not) it's just really unfortunate. 

I will do as you said though .. Many thanks again. It's times like this I wish I'd had a CAB advisor who was a little bit more on the ball in getting me prepped, she really didn't give me much to go on and having never done this before - I guess not knowing what I was doing - I stuffed up, I really should have known what she was trying to refer to … and missed it, so sad. 

BenefitsTrainingCo

Hi Tamsyn,

I agree with David's advice, at least get the statement of reasons and see what they say.  Once you have the written statement you have one month to apply for permission to appeal to the Upper Tribunal. You'd have to show there was some error of law - for example, perhaps there was unfairness in the first tier tribunal continuing with the hearing if they could see you were confused? Or that there was other evidence about your difficulty with unfamiliar journeys which they failed to take into account? It would be very unusual for the Upper Tribunal to take away the whole award.

However, I can see that it's a very stressful prospect. Another option might be to say to the DWP that your circumstances have changed and you now think you should get the mobility component at a later date - technically, this is called asking for a supersession. That isn't a stress-free option of course because it would probably involve a further medical. However, I mention it as something to think about, because the mobility component is a lot of money to miss out on and can help you with access to other things.

Will

Tamsyn

Thank you Will I will do this - It's hard as I don't blame them, it was such a silly misunderstanding - and one I'm sure they'd even have an 'aha' moment over if we spoke again to clarify.

Thank you for your help. 

Many thanks. 

Tamsyn