I was at a pip tribunal but failed miserably

Comments
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Hello weemarydoll and welcome
Was this a review or a change from DLA ?
As you have no award in payment you can re-apply straight away, there is no waiting time
It is important to understand understand the points system, descriptors and the criteria for an award. A good place to start is the self test on the B&W site
http://www.mybenefitsandwork.co.uk/pip/indexxx.php
There is also a lot of info on this site. Please have a look around and come back with any questions
CR
Be all you can be, make every day count. Namaste -
Thanks so much for info
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@weemarydoll
You can ask the tribunal for a statement of reasons (SOR) for their decision. There is a remote chance, but only remote, that the judge made an error of law in which case you could appeal to an upper tribunal. You would need expert advice to decide if the SOR indicated an error of law, for example from CAB or similar organisation. Or you could ask a benefits expert in Ask a benefits advisor category in the Scope online community. -
Hi @weemarydoll
A very very big welcome to you this afternoon !!!!
Here's some info from our website:
https://www.scope.org.uk/support/disabled-people/benefits/pip
Please please let me know if there's anymore help/support ??????
Thank's.
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steve51 said:Hi @weemarydoll
A very very big welcome to you this afternoon !!!!
Here's some info from our website:
https://www.scope.org.uk/support/disabled-people/benefits/pip
Please please let me know if there's anymore help/support ??????
Thank's.
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Thank you so much for info I will keep you posted of any changes or any more help I might need.i also want to know if I start a fresh claim for pip do i have to wait for a period of time before i can reapply
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Excellent advice to look at the Benefits and Work information. The key thing with PIP is to look at regs 4 and 7. The 50% rule and the rule about not being able to do something if you can't do it reliably, safely, repeatedly or in a reasonable time.
However, it is not true to say that there is a remote chance of a first tier tribunal (FTT) getting the law wrong. I have been in welfare rights advice for 31 years and in all that time I have only come across one case where the tribunal decision was absolutely watertight.
What you actually need to do is to request a statement of reasons (a detailed version of the summary you had on the day) and the record of proceedings (the judges usually handwritten notes) within one month of your summary decision and then get independent advice to identify errors of law and pursue the matter to the upper tribunal. The UT can decide there was no error of law; make a decision to replace that of the FTT (unlikely in most cases); agree there was an error but still uphold the original FTT decision, or, return the matter to a new FTT for a complete re-hearing.
Whilst it is always tempting to abandon an appeal and just go for a new claim you need to remember that unless you do things completely differently the new claim may also fail and you may end up pursuing the same process of mandatory reconsideration and appeal anyway.
If you go to UT; get it sent back to FTT and then win your award will be from your original date of claim. Assuming you do have an entitlement that's an awful lot of money to throw away if you abandon the appeal at this stage.
I would not just look at B&W. I would get urgent independent advice about applying for leave to appeal to a UT and about whether you are actually likely to be entitled to PIP. That advice ought to inform what you do next, not this forum.
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@mikehughescq
Benefits experts in Ask a benefits advisor category on Scope have stated that it is rare for a first tier tribunal judge to make an error of law. -
Without wishing to create an off topic diversion I am happy to dispute that from professional experience. As I posted earlier I have been doing this for 31 years (in both voluntary and statutory settings) and there is a consensus view among colleagues that it's really not hard to find one of the five errors of law. That gets you leave to appeal to UT. That does not necessarily mean you'll get the desired outcome but things like failure to make sufficient findings of fact; perversity or breach of natural justice are not exactly uncommon occurrences.
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The biggest problem with challenging a FTT is lack of access to advisors that understand the law at an affordable price.
For most people in our situations it is far less stressful and more practical, to take what they have learned and re apply
CR
Be all you can be, make every day count. Namaste -
I do agree that access to advice has been decimated in recent years. However...
You should not need to pay at all. Check out your local Citizens Advice or your local aurhority welfare rights service before you pay anyone. -
Most CAB's are overwhelmed and often cannot see people within the time frames set by DWP.
Many people turn to on line forums for advice which in some cases is less than helpful.
Even here we lack specialist help and knowledge, like yours, for the majority of the time
CR
Be all you can be, make every day count. Namaste -
I had my dla stopped on12/12/2016 after receiving it for about 15 years went to my local cab i put in a application for pip i got 0 points, went for a face application again got 0 points .last week had a appeal tribunal at my local magistrates court (never been in a court before) had someone from a local charity for moral support great to have someone to sit next to me but all so to my right someone from the works and pensions after about 40 minutes he was asked to speak within a few minutes he offered 8 points for living allowance we were all asked go outside few minutes later i ws awarded 10 points for standard living and 12 points mobility for 4 years including 1 year backdated i have courts documents nothing yet from works and pensions i was really scared of going.
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OK MY PIP WAS STOPPED IN APRIL CAPITA SENT ME A LETTER REASONS FOR FAILING I DROVE TO ASSESSMENT WAS DRESSED APPROPRIATLYfOR THE WEATHER AND DIDNT LOOK MALNOURISHED ,,, I DONT HAVE A CAR I WORE A PAIR OF TRACKIES AND HOODY SO MY DAILY LIVING HIGH RATE AND SEVERE DISABILITY PREMIUM WHERE STOPPED IN APRIL ASKED FOR RECONSIDER DECLINED PIP TRIBUNAL NOW APPLIED FOR LETTER RECIEVED SAYING THEY GRANTED APPEAL AND DATE WILL BE SET FOR THE APPEAL I HAVE MENTAL HEALTH CRISES TEAM GP AND LOCAL COUNCIL WELFARE RIGHTS ALL WORKING ON MY BEHALF AND WILL HAVE PEOPLE AT THE APPEAL TO REPRESENT ME NO IDEA HOW LONG THIS WILL TTAKE OR WHAT TO EXPECT ITS HAVING A MASSIVE IMPACKT ON MY MENTAL HEALTH ADDING YET MORE STRESS AND ANXIETYWRITTEN BY TOBY LEES MATE FOR HIM
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Could your friend turn capitals off? It’s perceived as shouting.
You have suppprt and a representative so there’s no need to ask a question on a forum. Your representative will be able to answer all your questions. -
update ,,,,dwp contacted via phone advising that after recieving medical evidance there is now no need to continue to tribunal awarded daily living enhanced rate mobility high rate and was this ok ... of course that was obvious ok also advised all will be back dated to april 2018 when they stopped daily living ,,,they awarded mobility it wasnt applied for somewhat confusingmegga sorry about caps
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CockneyRebel said:Most CAB's are overwhelmed and often cannot see people within the time frames set by DWP.
Many people turn to on line forums for advice which in some cases is less than helpful.
Even here we lack specialist help and knowledge, like yours, for the majority of the time
CR
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council welfare rights trump cab worth calling
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lee07 said:council welfare rights trump cab worth calling
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