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PIP appeals- CAB no longer helping
scouser1977
Member Posts: 14 Connected
Hi any advice please, the CAB told me to apply for pip 5 years ago, so I did an on the day of the appeal they said they couldn't represent me, so I had to go alone and was refused. Then last year a different CAB told me to try again an that they would help me, so again I applied on the 8th may last year, an just got my date for the hearing an again the person from the CAB have said they can't represent, as they don't work on that day, so she's told me to go alone or postpone it, which is some think I don't really want to do as I've been waiting 14 months so far, i am so angry with them as they talked me into applying for it again. Thanks
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So, the problem with a bolshy friend is that they never understand those distinctions because they’re not explained anywhere.
They might agree to go in as an observer without understanding that when they desperately want to chip in to help they will be immediately be silenced.
They might want to go in as a witness because it sounds supportive but they may never have seen most of their friends daily living needs.
They may want to go in as a representative but know nothing of the law or the tribunal process and thus have the potential to mess it up big time. The obvious example of the latter being the claims that the appellant is going to be disabled all their life so the decision is clearly wrong or the claim that the appellant has got worse since the date of claim which instantly leads to a rejection of the appeal abd advice to go make a new claim because the tribunal can’t award from a date after the date of claim other than in very specific circumstances. The appellant may indeed have gotten worse and a new claim may succeed instantly but if they would have qualified on their original claim then all that money has been lost unless an appeal to the UT wins and the matter goes back to a FTT. That’s probably an 18 month delay at minimum.
So, yes, bolshy friend if all else fails but, if all eise fails, you’re often better going by yourself. Bolshiness in itself is a huge problem. Tribunals are inquisitorial not adversarial. Someone coming in shouting the odds is rarely tolerated. It’s wholly in contradiction of the idea of an informal question and answer session.
PIP is for how your conditions affect your daily living and mobility, not for the conditions themselves.
Disability Rights UK site has a good guide to all stages of PIP including appeals. They also publish their own Disability Rights Handbook which has a guide to PIP appeals procedure. £18.50 from DR site or probably also available in your local reference library.
No, representation does not help at all! I would use a “roll eyes” emoji at this point but as I can’t read them because of my VI just go with the gist of what I’m saying.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/182311/foi-80708-annex-a.xls
What I can say for a certainty is that I was amazed how technical my appeal had become and how well my rep (university law school lecturer) argued with both of them pointing out how the guidance that is followed by the local authority when assessing CT benefit claims is completely at odds with the legislation. Even the judge commended my rep on setting the council straight as to how it should be carried out.
On my own I would not have had that ability through lack of knowledge.
So yes having a qualified rep looking after the legal side of the appeal proceedings goes a long long way to getting justice.
Just a shame that the uni no longer does these sort of representations and the lack of resources elsewhere. It was the CAB who said that they had no idea what could be done and referred me to the uni.
On the other hand how far down the road are you with repaying this debt? Six years is a long time to have a social fund debt outstanding. Maybe you could talk to them and arrange a voluntary payment arrangement.
Always look out for each other. Be kind.
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