PIP, DLA and AA
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PIP Tribunal

Chocciwocky_Chocciwocky_ Member Posts: 1 Listener
Hi, I applied for PIP in Oct 2016.I have M.E. I was immediately given no points, asked for a Mandatory Reconsideration  again no points. Letter was sent in July 2017 informing me that in due course they would send me a tribunal date. On the 7th July I received a letter saying my tribunal had gone ahead  & obviously I had been turned down because I wasn't there to fight my corner. I didn't receive a letter or notification of any sort about a tribunal date  I had phoned a few times in the year about getting a date but was told where I was in the queue  quite a long wait. So after waiting a year....... What do I do now ? Can't believe I've waited  & struggled for so long for nothing 😢 

Replies

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi chocciwoccy.
    As you were not notified I would ask for an appeal to the Upper Tribunal as it is your legal right to present your side of the case.
    Try requesting this it may be applicable,it’s certainly worth a try.Dont know if it will work but you have nothing to lose by asking.Good luck.
          Debsidoo.x
       

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi again 
    Have a look at Scopes Page about Appealing to the Upper Tribunal under the breach of natural justice clause.
        Debsidoo.x
  • sue66sue66 Member Posts: 124 Pioneering
    Hi, I applied for PIP in Oct 2016.I have M.E. I was immediately given no points, asked for a Mandatory Reconsideration  again no points. Letter was sent in July 2017 informing me that in due course they would send me a tribunal date. On the 7th July I received a letter saying my tribunal had gone ahead  & obviously I had been turned down because I wasn't there to fight my corner. I didn't receive a letter or notification of any sort about a tribunal date  I had phoned a few times in the year about getting a date but was told where I was in the queue  quite a long wait. So after waiting a year....... What do I do now ? Can't believe I've waited  & struggled for so long for nothing 😢 
    Hi i really feel for you and like you have M.E. I well  know how this wretched ailment can affect us and what i don't get is keeps being repeated its not what you have but how it affects us that gives you points. No doubt you clearly explained how it affects you and yet still get refused.?!  Is it normal to have a tribunal hearing without you there?  So your told your in a queue then they send you no date or give you the opportunity to be present.  This is why im reluctant to even apply for PIP when im asked if i want to transfer over from DLA but hubby says i have to try to which i reply no i dont! Hopefully you arnt over 65 as if you get turned down by tribunal that's it you cant ever re apply, it then has to be attendance allowance. ( someone tell me if im wrong hear) I hope so!  Wishing you a better outcome if you choose to fight this
    Sue 
  • YadnadYadnad Posts: 2,856 Member
    edited July 2018
    sue66 said:

    This is why im reluctant to even apply for PIP when im asked if i want to transfer over from DLA but hubby says i have to try to which i reply no i dont! Hopefully you arnt over 65 as if you get turned down by tribunal that's it you cant ever re apply, it then has to be attendance allowance. ( someone tell me if im wrong hear)  
    No you are absolutely correct. If you ever fail to get a PIP award and you are over 65 then that's it - no more chances!
    As for Attendance Allowance, it does not have a mobility element so if a Motability car is also involved that will be taken off you and you can never get another even if you can't manage to walk 1 metre!!
    Claiming Attendance Allowance still has the same problems as the old DLA care system had - getting the assessor to accept that you are telling the truth when claiming that you need considerable care.
    Not too sure of the percentage of successful claims V total claims made, 
    I also don't know if having lost a PIP claim, that information will be used in deciding an Attendance Allowance claim.
  • mikehughescqmikehughescq Member Posts: 6,552 Disability Gamechanger
    Hi, I applied for PIP in Oct 2016.I have M.E. I was immediately given no points, asked for a Mandatory Reconsideration  again no points. Letter was sent in July 2017 informing me that in due course they would send me a tribunal date. On the 7th July I received a letter saying my tribunal had gone ahead  & obviously I had been turned down because I wasn't there to fight my corner. I didn't receive a letter or notification of any sort about a tribunal date  I had phoned a few times in the year about getting a date but was told where I was in the queue  quite a long wait. So after waiting a year....... What do I do now ? Can't believe I've waited  & struggled for so long for nothing 😢 
    1) When you appealed on the SSCS1 form you will have been asked whether you wanted an oral hearing or a paper hearing. If you ticked oral then you need to ask for a set aside rather than try appealing to the UT. 

    2) if you ticked that you wanted a paper hearing then your only option is UT on an argument that the tribunal did not consider whether an oral hearing was  ore appropriate. There’s very recent case law on this so you’re going to need a welfare rights adviser. 

    3) In the meantime you must request a statement of reasons and record of proceedings from HMCTS else 2) can’t really happen.
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