PIP, DLA and AA
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PIP tribunal denied - help?

LisaHLisaH Member Posts: 1 Listener
edited February 2018 in PIP, DLA and AA
I recently had my PIP tribunal, which took almost 11 months for a date. My mental and physical health has got worse since I applied. Yet they only wanted to know about how I was last march! Was constantly feeling like the doctor was trying to trip me up, and confuse me. They wouldn't let my partner speak, even when it was obvious I was struggling. I got denied.. I need help, I'm all out of fight now. 

Replies

  • mikehughescqmikehughescq Member Posts: 5,992 Disability Gamechanger
    Legally they are correct and, counter intuitively, arguing that you’ve got worse since your date of claim is not a winning strategy. The key thing is to be clear why you qualified in the first place. Which points and why? If you’re clear that you score minimum 8 points on at least 1 component then you now need to ask for a statement of proceedings and record of proceedings. You then need face to face advice to identify errors of law to be able to pursue to the upper tribunal. You have one month to make the request.

    Do not make a new claim unless you are 100% satisfied based on independent advice that your 1st claim and appeal could not have succeeded.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited February 2018

    The tribunal can only consider how your conditions affected you at the time of assessment, not how they might have affected you after that date. And they are supposed to be inquisitorial; that's their job; they are there to find out the facts.

    The tribunal expect the claimant to answer their questions, not their companion, unless the claimant has severe learning difficulties.

    Disability Rights UK site has a guide to all stages of PIP.
  • mikehughescqmikehughescq Member Posts: 5,992 Disability Gamechanger
    @Matilda that’s not quite correct. It’s one if the great myths. The tribunal must make a decision based on the facts on the date of claim. However, a tribunal can consider evidence from after that date, provided it covers a period which includes that date. So a report obtained 6 months after the decision can be given weight as evidence provided it clearly covers the relevant date 6 months earlier. 
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