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I was at a pip tribunal but failed miserably
weemarydoll
Member Posts: 4 Listener
I was at a pip tribunal but failed miserably.i only received 4 points so what's happens now can reapply for pip or do I have to wait any help please
Replies
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
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.
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.
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.
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.
For most people in our situations it is far less stressful and more practical, to take what they have learned and re apply
CR
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.
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
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.