PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

pip appeal refused

nicjack48nicjack48 Member Posts: 9 Listener
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. 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    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?
  • nicjack48nicjack48 Member Posts: 9 Listener
    No they didn't. 
    I don't understand how they can take everything i only appealed against mobility  
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    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.
  • nicjack48nicjack48 Member Posts: 9 Listener
    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 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    A benefits advisor will be able to advise you what to do next.
  • nicjack48nicjack48 Member Posts: 9 Listener
  • nicjack48nicjack48 Member Posts: 9 Listener
    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
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hi @nicjack48

    Pleased that you got some good advice from CAB.  At least if people lose PIP they can always reapply.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • shirles54shirles54 Member Posts: 4 Listener
    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
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    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.
  • shirles54shirles54 Member Posts: 4 Listener
    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.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited March 2017
    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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    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 

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
Sign in or join us to comment.