PIP, DLA and AA
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Pip tribunal

Rickyboy123Rickyboy123 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

  • yanniyanni Member Posts: 50 Courageous

    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.


  • Rickyboy123Rickyboy123 Member Posts: 20 Listener
    So your saying they might of misplaced the points yea 
  • Rickyboy123Rickyboy123 Member Posts: 20 Listener
    What you mean forget sorry
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Your questions were already answered regarding this. You need to request the statement of reasons and record of proceedings from HMCTS. Without this and finding an error in law you can't proceed any further with this claim. It doesn't matter how many times you ask the question the answer will remain the same.
    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.
  • Rickyboy123Rickyboy123 Member Posts: 20 Listener
  • yanniyanni Member Posts: 50 Courageous

    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.


  • Rickyboy123Rickyboy123 Member Posts: 20 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you ask for the statement of reasons, when you receive it you'll need expert advice. An internet forum isn't the place to ask for that because no one knows your case or how your conditions affect you.
    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.
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