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Lost PIP appeal 0 dont know what to do next

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[Deleted User]
[Deleted User] Posts: 9 Listener
edited October 2018 in PIP, DLA, and AA
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  • tamidavis
    tamidavis Community member Posts: 14 Connected
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    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
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    [Deleted User] Posts: 9 Listener
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  • Ami2301
    Ami2301 Community member Posts: 7,935 Disability Gamechanger
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    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_Alumni
    Sam_Alumni Scope alumni Posts: 7,665 Disability Gamechanger
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    Hi @bkit
    Im sorry to hear you have had a bad experience, we have a video explaining about upper tribunal appeal that might help.

    https://www.youtube.com/watch?v=7W69KUQhGfs
    Scope
    Senior online community officer
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,665 Disability Gamechanger
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    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
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    Or you can make a new PIP claim any time.  Try to get f2f help from CAB or similar, or local authority welfare rights.
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
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    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.
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  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
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    @bkit did the judge actually say that - if it was up to her you should get nothing? If so that's disgraceful.
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  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
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    No wonder!
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    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 @Username_removed can provide a link here.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 57,208 Disability Gamechanger
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    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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    [Deleted User] Posts: 9 Listener
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  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,665 Disability Gamechanger
    edited October 2018
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    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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