pip appeal refused

nicjack48

Hi I'm just wondering if anyone as appealed to the upper tribunal. 
My daughter is 16yrs old and I'm her appiontee so i opted for an oral appeal then they written to me saying they would more information face to face so i went on last Wednesday. Yesterday i got my notice they took everything of her she originally got 9points for living and 8points mobility. But i really dont understand how thet can just do that she as a serious heart condition and scoliosis everyday is a struggle. So i just need to know should i appeal to the upper tribunal now. Thank in advance. 

Matilda

Hi @nicjack48 - did the Tribunal warn you that they wanted to remove the benefit your daughter had already been awarded and tell you that you could withdraw your appeal at that stage, thereby keeping that benefit?

nicjack48

No they didn't. 
I don't understand how they can take everything i only appealed against mobility  

Matilda

That is very worrying indeed - because I understand that tribunals are obliged to warn people in advance if they are minded to remove or reduce benefit already awarded, thus giving people the opportunity to withdraw their appeal and keep what benefit they are already in receipt of.

nicjack48

Do you think i should appeal to the upper tribunal because the first tier was so intimidating we felt like we was in real court on stand it was awful. 
So really don't know what to do now 

Matilda

A benefits advisor will be able to advise you what to do next.

nicjack48

Thank you 

nicjack48

Hi @Matilda i went to CAB he advised me to write and email the appeal court for Statement of reasons or record of proceedings so thats what ive done it can take 4/8months to get a response from the upper tribunal, he also to me to apply for pip again in the mean time. X

Matilda

Hi @nicjack48

Pleased that you got some good advice from CAB.  At least if people lose PIP they can always reapply.

BenefitsTrainingCo

Hi nicjack48

There are certain situations where you can appeal to the Upper Tribunal. It is good advice to get the statement of reasons from the tribunal because this is usually the first stage.

I suggest you will need help if you are to appeal to the Upper Tribunal and that you should contact your local services. We can answer questions here but we cannot provide a casework service i'm afraid.

Best wishes
David

shirles54

Hi everyone,
I got my letter yesterday to say I have been turned down for PIP.
I am upset but not surprised because many of us have been turned down but what I am angry

Matilda

Hi @shirles54

Are you going to ask for a mandatory reconsideration and then appeal if necessary?  Over 60% of appeals are successful.  There's advice on the Scope site Support and Info section about requesting mandatory reconsiderations and making appeals.

shirles54

Hi Matilda,
Yes I will be doing the mandatory reconsideration first and if that fails I will appeal it.
Have you heard about the supplementary payments that can be paid for up to a year when you appeal?
Not to clear myself on that one.

Matilda

No, shirles, this is the first I've heard about the supplementary payments that can be paid for up to a year when you appeal.  A benefits advisor will know.

BenefitsTrainingCo

Hi shirles54 

Supplementary payments apply to claims in Northern Ireland only and if that applies to you there's more info here

The advice on mandatory reconsiderations and appeals can be found here

Please post back on here if you have any further questions

Best wishes

Paul