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Pip tribunal
Rickyboy123
Member Posts: 20 Listener
I went to first tier tribunal and only give me 7 points in daily daily 0 in mobility but before I went there capita awarded me 2 in daily living and 4 in mobility they took my points away why I find it unfair capita awarded 4 points on mobility and 2 on daily living now I got 7 daily living 0 mobility I'm happy with the 7 but the 4 that got took away and 2 should of stayed the same if capita granted me 4 and 2 they ovousaly had evidence so the court was wrong there higher than capita they shouldn't of took the points away as I do struggle with mobility are my right what I'm saying plus capita are in the wrong cause my health professional wrote to them saying if you need more evidence he will write more but capita never emailed or asked so are my in right or are they don't really understand this anyone can help
Replies
Hi. If your tribunal was within the last 30days you can ask for a statement of reasons from the tribunal service which should explain why the tribunal removed the points that Capita had awarded. I asked for a statement of reasons as I didn’t understand why I hadn’t been awarded points for an activity when the tribunal seems to agree with what I was saying during the hearing. When I got the statement of reasons that particular activity wasn’t mentioned at all ! I don’t know how often this happens but it may be worth checking that the tribunal didn’t just ‘forget’ about the points you already had when they made their decision.
Hi
In my case an activity was discussed at the tribunal but I wasn’t awarded any points. The statement of reasons I received doesn’t mention this activity at all. It seems that the tribunal forgot to discuss this activity when making their decision and so I wasn’t awarded any points.
So maybe your tribunal looked at your 2 points and agreed you should have them but when making their decision forgot about those 2 points and awarded you 0 for the activity in error.
As I said I don’t know how often what happened to me occurs but the tribunal is only human and do make errors.
As Poppy says you need to get a statement of reasons. This should tell you why the tribunal took away the 2 points that Capita / DWP had awarded you.
If the statement doesn’t explain this then there may have been an error of law and you may be able to ask the Upper Tribunal to look at your case again.
Once you have the statement of reasons you can come back here and hopefully someone can advise you further.