katy123

katy123

Hi my wife take pip to a tribunal it take then a year to make a decision it get refused but she has learning disability where to go to next can someone please 

CockneyRebel

Hi katy and welcome

So sorry that your wife has had to go through this

If your wife has no award in payment then she can make a new application straight away.
It is important to understand the points system, the descriptors and the criteria for an award.
To get an idea of this try the self test on the B&W site

http://www.mybenefitsandwork.co.uk/pip/indexxx.php

There is also great info on here and the CAB site about how to claim
Please come back with any questions

CR

katy123

Where do you thinking she go from there 

CockneyRebel

Having been turned down by the tribunal, unless there is an error of law her current claim is finished

The only course of action is to make a new claim.
If possible get assistance from the CAB or similar to fill in the forms

Have a look at the info on this site about claiming PIP

You may also find this usefull
http://www.advicenow.org.uk/pip-tool

i hope that helps. Please keep asking your questions and we will try our best

CR

katy123

There tell her to take it under court first tie s

CockneyRebel

Did she attend the tribunal hearing with a panel of three ?
This is the first tier "court"
You can ask the judge for a statement of reason which will tell you why they made the decision that they did. This may show an error of law but it would be unusual.
If an error of law is present, not just that you disagree with the decision, you can then appeal to the UTTbut to do this you really need trained advice

CR 

katy123

Will that cost to utt

CockneyRebel

There is no cost but you cannot go to UTT unless there is an error of law. You will need a trained advisor to look at this.
Even if there is an error there will be a long wait
If you can go down this route there is nothing stopping you from making a new claim now which in my opinion is the best course of action but others here may well have better or ddifferent advice

CR

Pippa_Alumni

Hi @katy123, sorry to hear that you didn't get the outcome you hoped for.

As always, @CockneyRebel has provided some really good information, and I've moved this post to the Ask A Benefits Advisor category in case they have anything further to add.

BenefitsTrainingCo

Hi katy123,

CR's advice on this has been completely accurate and there's nothing further to add. Ask the tribunal for a statement of reasons and take it to a local CAB or benefits advisor for further assistance, but as this is hard to challenge successfully you should make a new claim.

Lee