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refused Pip at 1st tier tribunal

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Linda61
Linda61 Community member Posts: 6 Listener
edited February 2018 in PIP, DLA, and AA
My partner recently was refused Pip at 1st tier tribunal on 17th January.
He had DLA mobility higher rate before this, but as he scored zero points, he has now lost this.
The thing is, his assessment was full of lies and indicated measurements on his musko skeletol. These things were never done, but still he lost hs DLA which was devastating for him. We then read that no one would be any worse off moving from DLA to PIP.
Cant believe  he lost everthing.

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Hi Linda and welcome

    as your husband has no award in payment you should re apply straight away as there is no waiting time

    you might want to look at the B&W self test


    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    CR


    Be all you can be, make  every day count. Namaste
  • Linda61
    Linda61 Community member Posts: 6 Listener
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    https://www.mirror.co.uk/news/politics/theresa-mays-claim-no-one-10025943
    The above was where I read DLA/PIP..
    I didn't know about these things you have written about.
    As for the Upper tribunal, I only found out about this after the 30 days were up as tier 1 tribunal was on 17th Jan.
    I do realise we shouldn't believe everything we read in papers.
  • Linda61
    Linda61 Community member Posts: 6 Listener
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    Thankyou so much for your advice, it is very much appreciated.
    I shall phone a welfare rights officer on Monday.
    My partner has Chronic obstructive airways disease, copd, emphysemia, osteoporosis, osteo arthritis of the lumbar spine and hip, hypertension, and recently has schematic changes in brain.
    Had evidence his condition is deteriorating, but none of ot was looked at.
    Called DWP the other day for new  pip claim, and was told to claim for attendance allowance instead. Had to explain twice that he wasn't 65 until July, so at this particular time he is 64........
  • Linda61
    Linda61 Community member Posts: 6 Listener
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    Hi. Just to say thankyou for your advice. Unfortunately 1st tier tribunal judge refused the upper tribunal. 
    Good thing is I now know these things and have lodged a new claim for pip.
    Many thanks for the information received.
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
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  • Linda61
    Linda61 Community member Posts: 6 Listener
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    Thankyou so much.
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Linda61,

    I'm sorry to hear that the first tier tribunal refused permission to appeal. That's actually quite common (as it is their decision!), so you might want to consider applying directly for permission to the upper tribunal. As Mike advises above, that's because you won't otherwise be able to get any money back on the original PIP claim.

    It's good that you have made a new claim too though, as this means if you really can't take the challenge on the original claim any further, at least you have a chance to get the right decision this time.

    Will
    The Benefits Training Co:

  • Linda61
    Linda61 Community member Posts: 6 Listener
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    Thankyou. Would my Welfare Rights Officer know how to do this, as I only received a letter with the decision. We have not received a statement of reasons(if thats the right words).
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