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5 points at tribunal, can I appeal?

shirley66shirley66 Member Posts: 5 Listener
edited April 2018 in PIP, DLA and AA
I have been to my pip tribunal today and was refused it only got 5 points even though I can hardly walk been diagnosed with fibromyalgia and housebound most of the time can I appeal hearing 

Replies

  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger
    Hi @shirley66

    Around 69% of people win their First-tier Tribunal (FTT) but if you disagree with the First-tier Tribunal decision, you can appeal to the Upper Tribunal.

    If you are eligible for legal help on income grounds, you may find a trained legal adviser or a solicitor to help with an appeal to the Upper Tribunal.
    • Civil Legal Advice can help you find a local legal service or solicitor. It can also check if you can get legal aid.
    • The Law Centres Network has a list of law centres with a Legal Aid Contract for this work.
    • Scope is not qualified to offer this level of advice.
    Read about appealing to the Upper Tribunal to help you decide whether you might have grounds for a further appeal.

    An appeal to the Upper Tribunal is likely to take about a year. You might want to consider:
    • making a new claim for the benefit you are trying to get
    • asking for another review of the current level of entitlement to that benefit.
    These are complex issues. Seek advice about your situation and whether you need to make a new claim for a benefit while appealing to the Upper Tribunal. Be aware that the Upper Tribunal often resubmits the appeal to the First-tier Tribunal.

    It’s possible to appeal to the Upper Tribunal without legal representation. Find more about finding legal advice, which also links to resources about self-representation.

    Read more at https://www.scope.org.uk/Support/Disabled-people/benefits/DWP-benefits-appeals/Upper-Tribunal#4527xvhWTbcb7Hvz.99 
    Scope
    Senior online community officer
  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger


    Scope
    Senior online community officer
  • shirley66shirley66 Member Posts: 5 Listener
    Can I get a new claim and still appeal 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Yes.

    Disability Rights UK site has a good guide to all stages of PIP.

    And try to get some f2f advice from CAB or similar.
  • [Deleted User][Deleted User] Posts: 0 Listener
    You can appeal but I don't think it will change that's my opinion
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited June 2018
    jim1074 said:
    You can appeal but I don't think it will change that's my opinion
    Agree, the poster has just had a Tribunal hearing and was awarded 5 points which the DWP have accepted is right.

    Now thinking of putting in a new claim? The first thing that the DWP will do is look at the Tribunal decision!
  • shirley66shirley66 Member Posts: 5 Listener
    My citizens advice adviser is wanting tribunal set aside and have a new one as they didn’t record it 
  • [Deleted User][Deleted User] Posts: 0 Listener
    Leave it to her weather they will set it aside I have my doubts because I believe they only set it aside if its to do with a point of law 
  • mikehughescqmikehughescq Member Posts: 5,403 Disability Gamechanger
    The first tier tribunal can be either set aside or appealed on an error of law. However, it’s poor advice to make a new claim. Unless you’re going to take a completely different approach to it why would you expect a different outcome? It will also time limit the matter originally appealed to the day before the new claim. 
  • dodo76dodo76 Member Posts: 46 Courageous
    Get some legal advice snd i can tell you from our view and the issues we have had with my partners pip and his appeal which he won but have had 14 months of waiting to be taken to upper tribunal which as just been pulled by the dwp  nothing us strainght forward with the dwp they are always moving the goal post  
    They owe us 2 yrs back money and i have be warned that we may have to reclaim even through we still have 13 months left on award  see goal post moved again 
  • KafolegKafoleg Member Posts: 21 Connected

    Thank you Sam-Scope for your video

    Glad to see 65% cases have won PIP. But it is not fair that's these claimants have to suffering more to go through to court to get what it is the right for them. 


  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited August 2018
    Kafoleg said:

    Glad to see 65% cases have won PIP. But it is not fair that's these claimants have to suffering more to go through to court to get what it is the right for them. 

    Whilst I have a lot of sympathy for those who have to go to a Tribunal, I do wonder what has caused this in the first place. Was it because the assessor was so biased towards the DWP that they decided to write a made up report or was it because the decision maker was so inept that they probably had just started the job after years stacking shelves in a supermarket or was it the way the claim form was completed, with little or no relevant evidence and to top it all no real idea what PIP is all about? 
  • mikehughescqmikehughescq Member Posts: 5,403 Disability Gamechanger
    It is a cultural issue within DWP whereby decision makers accept too many HCP reports with obvious flaws.
  • shirley66shirley66 Member Posts: 5 Listener
    Update first tribunal was set aside second tribunal awarded me 8 points for care from October to April so I will get money backdated 
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    edited September 2018
    It is a cultural issue within DWP whereby decision makers accept too many HCP reports with obvious flaws.
    Yes Mike I have seen the recent figures concerning the DWP accepting the assessors report when it is obviously wrong. 
    If that then is the crux of the problem the DWP already have in place a system whereby they can refer the report back either for re-work or for a new face to face assessment to be carried out.

    I presume that the time allocated to a decision maker to clear x number of cases a day plays some part of this.

    As an aside. I can recall that in 2008/2009 the government insisted that officers (Official Receiver) like myself had to double the output of cases from 12 to 24 a month. You could only do that if you worked a consistent overtime schedule (for no pay) or cut back on the time spent on each case thereby not picking up on the things you were paid to pick up on. I had to use an extremely broad brush!
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