PIP, DLA and AA
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Can I appeal a PIP tribunal?

Steven20176Steven20176 Member Posts: 2 Listener
edited March 2018 in PIP, DLA and AA
hi so recently was at the tribunal for pip wich I didn’t win,the doctor there didn’t really know anything about my condition she wasn’t really intreasted seems that she was out to get me for no reason! I was on pip and had to renewal it. My question is where do I stand now? The Dwp didn’t request any my medical files from the doctor I had to get a letter from a doctor to say what illnesses I have wasn’t my usual doctor was a new one that’s just started worikinh in my gp so doesn’t know me So was just a short letter saying I have chronic cluster headaches and severe anxiety they was all. Can I appeal the tribunal ? Or just apply for pip again thanks in advance 

Replies

  • Steven20176Steven20176 Member Posts: 2 Listener
    I only scored 4 points for mobility 0 for the rest 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Steven and welcome

    You can only appeal to the UTT on an error of law, something which you will need trained advice for.

    By far the simplest course of action is to reapply

    Have a 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
  • mikehughescqmikehughescq Member Posts: 6,606 Disability Gamechanger
    As per the post by @CockneyRebel. Please get face to face advice from an independent advice service. Whilst you're doing that write to HMCTS immediately and request a statement of reasons and record of proceedings for your appeal. Without that you're largely going nowhere fast.

    Most such decisions contain an error of law or several. However, bear in mind that at UT you're arguing only on whether the tribunal erred in law. The facts of the case are irrelevant unless you win at UT.

    However, I would not in any event fixate on the role of medical professional at the appeal hearing. The decision is made by 3 people not 1 and it's simply not possible to judge the thought process behind a specific demeanour or line of questioning. I've had medical professionals on tribunals ask some pretty stringent questions in a fairly aggressive manner and then had a unanimous decision in favour. 

    You should also bear in mind that you are challenging the decision not the DWP. You need to gather the medical and other evidence in support of your case not them. Medical evidence merely giving a diagnosis will fall woefully short of what's needed. In most cases a diagnosis is not in dispute. What you really needed was anecdotal evidence supporting your arguments for points on the specific descriptors you asked for. So, for example, if you fall, it's no good just writing "I can fall." You need to describe in graphic detail the who, what, when, where, why and how of what happened last time you fell. Far more important in most cases than any medical evidence. 



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