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refused Pip at 1st tier tribunal

Linda61
Linda61 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 Member Posts: 5,216 Disability Gamechanger
    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
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    If you reapply straight away then anything you could have won at the tribunal will be limited to the day before your new claim. There is also the risk that if you do nothing different with regard to a new claim then you will get the same outcome. Provided you have some other income such as ESA etc. then you are better advised to 

    1) Request a statement of reasons and record of proceedings from HMCTS within 1 month of your summary decision. Get that in front of a welfare rights adviser and look to go to upper tribunal on an error of law. 

    2) Get face to face advice from same with regards to a new claim. Do not just bang one in without further detailed assessment of your circumstances. 

    If you win at UT; get your case back to tribunal and then win then any payment goes back to the original date of claim. It could also be that the tribunal could make an ongoing/indefinite award. If you make a new claim then that's no longer possible. 

    Further to the above I've no idea where you read that no-one would be worse off under PIP. That was never said from day 1. However, I note that you focus on the HCP assessment report. If that's all you focused on at the appeal then a negative outcome was always likely. Proving that little weight should be given to a HCP assessment report does just that and nothing more. It's not the same as showing you're entitled to PIP.
  • Linda61
    Linda61 Member Posts: 6 Listener
    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.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    That article was not about moving from DLA to PIP. It was solely about people awarded PIP mobility on the basis of overwhelming psychological distress. A piece if caselaw allowed that interpretation so the government changed the law. That was recently held to be discriminatory and so the original legislation has been restored. 

    You can still do 1) and 2) of my previous post even if 1) is slightly out of time.
  • Linda61
    Linda61 Member Posts: 6 Listener
    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 Member Posts: 6 Listener
    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 Member Posts: 2,904 Disability Gamechanger
  • Linda61
    Linda61 Member Posts: 6 Listener
    Thankyou so much.
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    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:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Linda61
    Linda61 Member Posts: 6 Listener
    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).
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    I’d be a bit concerned if a WRO didn’t know how to do all of this.

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