PIP, DLA and AA
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Lost PIP appeal 0 dont know what to do next

[Deleted User][Deleted User] Posts: 9 Listener
edited October 2018 in PIP, DLA and AA
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Replies

  • tamidavistamidavis Member Posts: 14 Connected
    Hi @bkit

    Welcome to Scope. Citizens Advice have a question-by-question guide to filling in an ESA50 form/filling in a PIP claim form on their website which might you might find helpful. You could also contact your local bureau should you need further support. 

    Tami
  • [Deleted User][Deleted User] Posts: 9 Listener
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  • Ami2301Ami2301 Member Posts: 7,429 Disability Gamechanger
    Hi @bkit welcome to the community!

    Sorry to hear what has happened. Please let us know if there is anything else that we can help you with! :)
    Disability Gamechanger - 2019
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @bkit
    Im sorry to hear you have had a bad experience, we have a video explaining about upper tribunal appeal that might help.


    Scope
    Senior online community officer
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    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.
    There is lots more information about Upper tribunal appeals here.
    Scope
    Senior online community officer
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Or you can make a new PIP claim any time.  Try to get f2f help from CAB or similar, or local authority welfare rights.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You can only appeal to the Upper Tribunal if an error in law was made when making the decision in the first Tier Tribunal. You'll need to request a copy of the statement of reasons and record of proceedings and then find someone who can look through these to see if any errors were made. If there wasn't then that's it for this claim.

    You can start another claim but using the same evidence as you did before may not help here. I'd advise you to get some help if this is what you decide to do. Good luck.
    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.
  • YadnadYadnad Posts: 2,856 Member
    bkit said:l 
    there was someone there from dwp questioning how he is my carer.
    Ah the carer question. Now becoming quite a regular occurrence.
    Whilst this may well have nothing to do with the PIP claim, the DWP are bringing this up to try to discredit your verbal and written evidence - to put doubt in the heads of the tribunal members.
    Look at it logically, If the claimant claims to have difficulties how are they said to be able to be a carer of another disabled individual for a minimum of 35 hours a week.
    On the face of it the two don't go together.
    It should have been considered by your husband that this question would arise before the hearing and be ready to answer it showing that both are entirely possible.
  • [Deleted User][Deleted User] Posts: 9 Listener
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  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    @bkit did the judge actually say that - if it was up to her you should get nothing? If so that's disgraceful.
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
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  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    No wonder!
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    bkit said:
    do you know how they say 69%of people win there appeals because everyone i speak to lost there's
    this could be a made up target that they had to reach


    I don't have a link to show you but it's highly possible that @mikehughescq can provide a link here.
    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.
  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    71% or 75% in Wales. Official DWP stats. Easy enough to search for.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
  • [Deleted User][Deleted User] Posts: 9 Listener
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  • mikehughescqmikehughescq Member Posts: 5,936 Disability Gamechanger
    No, they’re really not. Stats are what they are. They are misused by people too dim to realise that they’re only seeing a partial picture but that doesn’t make the original stat made up. The quoted stats are absolutely correct and the fact you’ve become part of the 29% does not make the 71% incorrect. 

    I very much doubt a judge would say anything like “if it was up to” her simply because they are part of a 3 person appeal panel and so it is absolutely up to her and the panel. 

    I would also be concerned that you think it impossible to prepare for the questions. That is simply untrue. The questions relate to daily living and mobility and will relate directly to the activities you say you score points on and what you put in your claim pack, MR and appeal. If you are unprepared having gone that far it suggests you’re not really sure what your case is and should have obtained representation. 

    Ditto the carer question. It’s absolutely legitimate to be a carer and receive a disability benefit but it’s equally legitimate to ask questions about that where there appear to be contradictions. 
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    edited October 2018
    Please remember that tone doesn't always come across in the written word and we ask all members to be courteous to one another regardless of whether they agree or disagree.  

    Apologies for stating 69%, that information obviously hadnt been updated.  Here is what Scope said in June this year:

    • In the last quarter, 70 per cent of claimants were successful in appealing a decision relating to their ESA claim.
    • This is the same as the proportion of appeals which were successful for the same period last year. 
    • In the last quarter, 71 per cent of claimants were successful in appealing a decision relating to their PIP claim.
    • This is a 7 per cent rise compared with the same period last year, where 64 per cent of claimants were successful in appealing a decision relating to their PIP claim. This the highest rate of successful appeals since PIP rollout began  


    Scope
    Senior online community officer
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