If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.
Pip upper tribunal got decision without reasons but...
tru88le
Member - under moderation Posts: 94 Courageous
Hi all, i have worked through the appeal system to a moment where i now i have had and agreed to have a 'decision without reasons' from the upper tribunal, the judge previously agreed the first tribunal had erred as did the DWP and it appears I can have another first tribunal. Or appeal this decision.
I really though this decision would be the end of a long road and the judge would allow the one extra point I needed to get a higher rate of pip that i have had for many years previous to pip. Obviously its not so simple.
Can anyone tell me if a new attended tribunal that the judge has allowed is the only way forward?
What could an appeal here gain?
It seems a long process to end up back where I was well over a year ago and I have even had a letter about when this pip runs out! Its been so long to resolve this my next claim has been communicated about.
If I appealed this upper tribunal decision that i got after agreeing to a decision without reasons where would it take me? Can these upper tribunals not make a decision on a pip point themselves as the lower tribunals do? I thought this was the whole point. No pun intended :-)
I hope someone can help me understand this a bit better.
Thanks
I really though this decision would be the end of a long road and the judge would allow the one extra point I needed to get a higher rate of pip that i have had for many years previous to pip. Obviously its not so simple.
Can anyone tell me if a new attended tribunal that the judge has allowed is the only way forward?
What could an appeal here gain?
It seems a long process to end up back where I was well over a year ago and I have even had a letter about when this pip runs out! Its been so long to resolve this my next claim has been communicated about.
If I appealed this upper tribunal decision that i got after agreeing to a decision without reasons where would it take me? Can these upper tribunals not make a decision on a pip point themselves as the lower tribunals do? I thought this was the whole point. No pun intended :-)
I hope someone can help me understand this a bit better.
Thanks
Replies
Surely it cant take a year to agree the tribunal were wrong in law. No wonder the DWP agreed, they obviously knew there was no payment involved yet and i had gained nothing at this point.
Tbh i dont know what a final submission is anymore, is this the 2nd tribunal or uppertribunal judge...
I thought it was all over when he said the first had erred in law by failing to be inquisitive and he would award the point, could have fainted when it was back to the beginning.
I might add I know someone who won after more than TEN YEARS of fighting and was awarded over 100k.
Before pip this though, it was about a claim for dla alone.
This is where all those genuine cases get declined they dont make it clear enough the ways they need help.
Lots of examples of help and assistance no matter how trivial.
Its all about the help needed yet people focus on their actual difficulties in themselves and not how they get help to manage them.
Like if it takes three hours to get down the stairs on your belly or two minutes with help, then taking three hours on your belly will not get you any of the points you need, but needing and being helped to get down or stating that help is needed there otherwise it cant be done, will get the points.
There are no points awarded at all for sufferance and personal heroism.
They would consider descending the stairs on your belly as managing.
🙃
Needing or getting help has nothing to do with PIP. If you can carry out a descriptor activity BUT the reliability factors makes it that you can't, then you are deemed not to be able to carry out the activity.
Take for example someone who is medicated by their GP and it makes it easier for the claimant and as such they won't be able to claim a descriptor. However if they can still only carry out the activity for 3 days of the week then they will be deemed to fit the descriptor.
I stated to the assessor and on the claim form that I could manage to walk 1 mile. However based on the evidence from the spinal unit at the hospital who actually tested my ability to move about on a walking machine I could only manage 10/15 metres before I fell off it. I could walk that mile but it would take me at least a couple of hours to do so.
The DWP eventually, after getting 0 points for mobility, accepted my argument and awarded Enhanced Mobility.