Unsuccessful lower court tribunal — Scope | Disability forum
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Unsuccessful lower court tribunal

Wayney
Wayney Member Posts: 5 Listener
edited October 2018 in PIP, DLA, and AA
A little help in the right direction anyone?
I had an appeal 6 weeks ago
Mind the mental health charity represented me in.the lower tribunal
As they  clearly stated I should have been awarded enhanced rates on.both components
The tribunal decision stated no change and I was left on the basic rate for both components
Mind now say they cannot help further and agreed with the  courts decision they soon changed their outloomyin a half hour hearing
Despite this. I am .continuing to be harassed by the DWP because I have appealed to the upper tribunal
They have sent me s change of circumstances for despite not requesting any change and have threatened to stop my pip if I don't attend the ,3rd assessment in 8 _months
I find this.unlawful and I want to know can they do this after The lower court failed tp.put a time period of the basic rate I was already receiving I find this harassing to say the least are they able to act like this?
And can they stop my pip ,6 weeks after the lower court ruling as well as in the appeal process I have submitted requesting my case to appeal the lower tribunal's decision not to award me.my entitled rate of enhanced pip
Can.anyone shed some light or help.please?

Comments

  • Ami2301
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    Hi @Wayney welcome to the community!

    Sorry to hear what has happened, this must be a very stressful time for you. Unfortunately I am unsure how to advise and don't want to give you the wrong answers. However, other members of the community will be able to help you and will be in contact with you soon.

    If there is anything else that we can help you with then please do not hesitate to ask! :)
    Disability Gamechanger - 2019
  • markyboy
    markyboy Member Posts: 367 Pioneering
    Looks like it is the end of the road for you in appealing unless there has been an error of law i cannot see them giving you permission to appeal to the upper tribunal 
    And yes the DWP can reassess you at any time they want or they will stop payments
  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Have you tried your local cab or welfare rights or even s consultation with a lawyer? I don't really understand the full story so best to get face to face advice. There may be options I don't know. Good luck. 
  • Wayney
    Wayney Member Posts: 5 Listener
    Thanks for your advice. I have found a solicitor who is taking my case on 
    Cheers
  • Wayney
    Wayney Member Posts: 5 Listener
    Error of law is the facts. Cheers thou
  • Wayney
    Wayney Member Posts: 5 Listener
    Since the lower tribunal hearing I have appealed on a error of law following the high court ruling which relates to planning a journey which they say I can however the fact remains I cannot plan a,journey the lower tribunal made it's decision IDF the top of their own head s I mean I live my disability not the lower court or the DWP.
    8,weeks after the court hearing and my upper tribunal application the dwp,have told me to attend another medical that's two in, s year avd the lower court awarded me pip until 2019
    I feel,this is,not what my appeal was,about 
    Is,this right to aak me,to attend another medical asesment?
    It was only, 8 weeks ago the lower court made their ruling and I have not Even received how my disability affects me the DWP seem to abuse the court process and there own by failing to follow their own procedured by failing to send me this form
    Is this the norm?
    Can anyone enlight me please,? I am also still awaiting permission to appeal to the UT
    Which I have requested from the lower court too
  • Wayney
    Wayney Member Posts: 5 Listener
    The lower court have told me,I,can,still appeal to the UT,despite, the DWP, s abuse of process

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