katy123

katy123
katy123 Community member Posts: 4 Listener
edited October 2017 in Benefits and income
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 

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    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
    katy123 Community member Posts: 4 Listener
    Where do you thinking she go from there 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    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
    katy123 Community member Posts: 4 Listener
    There tell her to take it under court first tie s
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    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
    katy123 Community member Posts: 4 Listener
    Will that cost to utt
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    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
    Pippa_Alumni Scope alumni Posts: 5,765 Championing
    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
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing
    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

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