PIP, DLA and AA
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*success* Appeals for PIP - Tribunals

FedUpWithPainFedUpWithPain Member Posts: 5 Connected
edited July 2018 in PIP, DLA and AA

Hi, I’m new to all this but I wanted people to know that there are some wonderful people out there. My issues started in mid-2016 I got the dreaded PIP letter, filled it in and waited although I knew what would happen and yes only got 10 and 10 points respectively - shocked, no not really after reading so many people were being treated the same.
 

However of course I appealed, mandatory (don’t think anybody has won on that score – ever) and then to the tribunals. at the 1st hearing almost a year later from my forms being sent in it transpired neither side had requested any paperwork from doctors/hospitals (I thought the DWP would do this, my mistake) but the judge understood as I was representing myself and put it back for a re-hearing.

 

Waited and waited and finally got a new hearing tail end of last year, 3 new panel members who I must admit looked like they had already decided I would not win. I know they are independent but it was this feeling I had, spend almost an hour and a half and left, got the decision a few days later, nope I lost and still had the same amount of points.

 

I asked for a copy of the reasons and this never appeared despite me asking 3 times, in the end I finally got it and was allowed to appeal to the higher tribunal on a point of law, this was allowed to happen despite the 1 month going over due to the fact that i never received a copy of the reasons and another judge allowed it on that grounds.

 

Now myself, my wife and a friend are not lawyers but we knew in our hearts something was not right so I sent my appeal in based on what we thought was incorrect and some weeks later we got a letter stating that it did not need to go to the higher tribunal as the judge who looks thought the information b4 it goes up ford a question of law (based on what we had said) to have not been followed and so i was allowed my re-hearing.

 

So No3 was booked and cancelled as I got taken to hospital, bad timing but they joys of being disabled i suppose. However new date was set for early July and finally got to attend, was not even in the room for 15 mins when the judge called a halt to the proceedings, I had won my case 12 points and 14 points respectively. Yes I did cry a bit and thanked them, 2 long years in the waiting, two long years with no help as every time I wanted help CAB were busy etc. and that’s not me having a go at them it’s me seeing that the systems are failing because all the resources are being taken away.

 

However without help we still did it (the internet is so useful, old case law etc.) and got the letter to confirm the next day ... feel ecstatic but I know they could still appeal and ruin the whole thing, but I also know they can only appeal on a point of law and I will be surprised if they find one but with my luck lol

 

So don’t give up anybody, with or without help keep pushing keep believing and hopefully you will find a way, but please never take the so called easy option if you know what I mean, I know it’s hard and I know you might have down days and tears etc. but keep going keep pushing and find that light at the end of the tunnel – best of luck






Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @FedUpWithPain and thank you for sharing your story! Welcome to the online community. 

    Applying for benefits can be a long and stressful procedure so well done for hanging in there and I am so happy you got the results you were hoping for!

    Please feel free to look around the community, we would love to have you around :)
    Community Partner
    Scope

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  • mikehughescqmikehughescq Member Posts: 5,938 Disability Gamechanger
    Only 17% of MRs currently win.

    Legally, because you’re the claimant, the onus is in you to supply supporting evidence - medical or otherwise. They could do with making this much clearer. 
  • FedUpWithPainFedUpWithPain Member Posts: 5 Connected
    The answers are all on the web the rest is fighting 4 your rights 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Well done for gaining the necessary expertise yourselves to identify an error of law and appeal to a utt.
  • Marcia54Marcia54 Member Posts: 8 Connected
    Well done you for having the fighting spirit. I received a copy of the assessors report myself today cannot believe all the lies she has wrote in it 😡 So i phoned DWP to ask if i have been awarded and mentioned the reasons why i wanted to know. I was told i have been awarded but she cannot tell me what rate as it is not showing on the computer as yet??? If i do not get what i think i should get i will appeal too! Assessors see you for the first time they do not know you or anything about your illnesses that you live with and yet they are writing reports full of lies. "Despicable"
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Awesome! 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • YadnadYadnad Posts: 2,856 Member

    Hi, I’m new to all this but I wanted people to know that there are some wonderful people out there. My issues started in mid-2016 I got the dreaded PIP letter, filled it in and waited although I knew what would happen and yes only got 10 and 10 points respectively - shocked, no not really after reading so many people were being treated the same.
     

    However of course I appealed, mandatory (don’t think anybody has won on that score – ever) and then to the tribunals. at the 1st hearing almost a year later from my forms being sent in it transpired neither side had requested any paperwork from doctors/hospitals (I thought the DWP would do this, my mistake) but the judge understood as I was representing myself and put it back for a re-hearing.

     

    Waited and waited and finally got a new hearing tail end of last year, 3 new panel members who I must admit looked like they had already decided I would not win. I know they are independent but it was this feeling I had, spend almost an hour and a half and left, got the decision a few days later, nope I lost and still had the same amount of points.

     

    I asked for a copy of the reasons and this never appeared despite me asking 3 times, in the end I finally got it and was allowed to appeal to the higher tribunal on a point of law, this was allowed to happen despite the 1 month going over due to the fact that i never received a copy of the reasons and another judge allowed it on that grounds.

     

    Now myself, my wife and a friend are not lawyers but we knew in our hearts something was not right so I sent my appeal in based on what we thought was incorrect and some weeks later we got a letter stating that it did not need to go to the higher tribunal as the judge who looks thought the information b4 it goes up ford a question of law (based on what we had said) to have not been followed and so i was allowed my re-hearing.

     

    So No3 was booked and cancelled as I got taken to hospital, bad timing but they joys of being disabled i suppose. However new date was set for early July and finally got to attend, was not even in the room for 15 mins when the judge called a halt to the proceedings, I had won my case 12 points and 14 points respectively. Yes I did cry a bit and thanked them, 2 long years in the waiting, two long years with no help as every time I wanted help CAB were busy etc. and that’s not me having a go at them it’s me seeing that the systems are failing because all the resources are being taken away.

     

    However without help we still did it (the internet is so useful, old case law etc.) and got the letter to confirm the next day ... feel ecstatic but I know they could still appeal and ruin the whole thing, but I also know they can only appeal on a point of law and I will be surprised if they find one but with my luck lol

     

    So don’t give up anybody, with or without help keep pushing keep believing and hopefully you will find a way, but please never take the so called easy option if you know what I mean, I know it’s hard and I know you might have down days and tears etc. but keep going keep pushing and find that light at the end of the tunnel – best of luck

    How long was the award for? Would you do it all again in a couple of years?
  • Marcia54Marcia54 Member Posts: 8 Connected
    Update on my 5th July post:
    Phoned DWP again to find out if they can tell me a little more about my award? Good news! My award stays the same as it was when i was on DLA...
    Awaiting my award letter in the post, I do intend to get in touch with Atos about their assessor as not only was she a liar, she was rude, unprofessional, and her report could have affected my claim. Thank god the decision maker at DWP made his/her own mind up about how my illnesses affect me and done the right thing in awarding me what i am entitled to. Please if any other claimant has problems at their assessment like i did phone DWP and let them know. Do not leave it as it could affect your claim......

  • BPM93BPM93 Member Posts: 4 Listener
    Does anyone know how long it take the judge to send out the Statment of reasons when PIP requested them after I won my appeal against them?
  • mikehughescqmikehughescq Member Posts: 5,938 Disability Gamechanger
    No set time. Expectation of 15 working days but depends on whether the judge is salaried or fee paid and how many other statements or appeal sessions they have pending. Judge doesn’t send it out. HMCTS get the request and forward it. Judge sends it back to HMCTS. They post it out. All adds to the time. I’d say it’s worth chasing up it nothing received in 3 months. Certainly nothing you can do to harry it up in the interim.
  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @BPM93,

    I found a comment from our benefits advisors on another community discussion about the SOR process, and they say in their experience it can take around 12 weeks.

    I hope this helps!
    Liam
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    As eny one won the pip a appeal for metil heath can eny one tell me pls
  • YadnadYadnad Posts: 2,856 Member
    Many do but it all depends on a lot of things, how you are able to convince the Tribunal that you should be awarded it, your evidence and how you filled out your original claim form.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As eny one won the pip a appeal for metil heath can eny one tell me pls
    Of course, lots of people claim PIP for mental health. It's not about a diagnosis though, it's how those conditions affect you daily. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • WaylayWaylay Member Posts: 922 Pioneering
    I've won 2 tribunal appeals for PIP, and am waiting to have a third. I have both physical and mental disabilities.
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    I won pip appeal for mental health back in February this year
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    Hi can eny one tell me I got letters off my go going back to 2012 about my confirm my borderline personality disorder will that asept the latter from then or do I need to get a letter up to date saying I got borderline personality disorder can eny one tell me should I take this letters with or r that to old pls help me I so upset and stess out I can not sleep eat nuffimg
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIP isn't about a diagnosis, it's how those conditions affect you daily. You need evidence that states how your condition affects you. All conditions affect people differently and a letter stating that you have borderline personality disorder isn't going to tell them anything but that. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @lisabrazil80,

    There's some more information about what you need to make a PIP claim on the Gov.UK website, where they say when claiming by telephone or textphone, you need:
    • your contact details, for example telephone number
    • your date of birth
    • your National Insurance number - this is on letters about tax, pensions and benefits
    • your bank or building society account number and sort code
    • your doctor or health worker’s name, address and telephone number
    • dates and addresses for any time you’ve spent abroad, in a care home or hospital
    Question 1 on the PIP claim form asks you to "tell [the DWP] about the professionals best placed to advise [them] on how your health condition or disability affects you". Citizens Advice and Disability Rights UK also have some handy information about how to answer each question on the PIP claim form, which you may also find useful. 

    I hope this helps. If you have any other questions, then please do let us know! :)
    Liam
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @lisabrazil80

    Try to get some f2f advice from CAB or similar, or local authority welfare rights.
  • BPM93BPM93 Member Posts: 4 Listener
    Just a update guys I got my SOR only took 5 weeks
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