PIP, DLA and AA
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Error by assessor AND Tribunal?

Weeme56Weeme56 Member Posts: 36 Courageous
Just got  Statement of Reasons  in from Tribunal which Hubby lost. Wonder if we would have grounds to appeal to upper teir. GP had given PIP copies of letters from hubbys psych to GP - updates really. One mentioned we had gone to Barceloan for my 60th birthday. Tribunal grilled hubby about him not taking Disabilitty #assisatance at Airports. It did not dawn on me until recently. that trip was in December 2016, his PIP assessment was December 2017 - a year later. Tribunal Statement mentiions this trip as being recent when expressing issue with him not needing assitance. Why would a trip a year before the PIP assessment matter? He was being assessed on how he was at that time..not the year before! would this be sufficient to appeal to Upper Teir? Aslo they expressed opinion that they believed it improbable that hubby forgets he had blackout. Hubby told Tribunal he had not had one since last year..he forgot he had one a few months before the Tribunal - he often does not realise it happened. They tend to happen if he needs to ge t up for the loo during the night. We no longer tell the GP. No cause was found & he has not had any tests for over 10 yrs! I usually help him get back to bed he shakes & stammers & 'fits' for about 30 mins then falls asleep. Next day I ask how are you now..he ask why? The entire report as good as said LIARS Tjey ignores GP & Hopsital recent report but refered to letters from 2015? Is that acceptable?

Replies

  • YadnadYadnad Posts: 2,856 Member
    It possibly could be if your husband's claim made any reference to his difficulties having existed in previous years - at the time of the holiday.
    Or have they all come about since you returned to the UK?

  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    An appeal to the Upper Tier Tribunal is usually only permitted if there was a legal error in their decision.i.e. The Tribunal failed to take into consideration a ruling by the Upper Tier Tribunal, or they blatantly ignored an element of your appeal.It is unlikely you will be granted permission to appeal, because, as you stated, at lot of the information they based their decision on, was submitted by yourselves. It may be worth seeking a second opinion, CAB or one of the plethora of Community Law Centres. Good Luck
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