PIP, DLA and AA
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Granted permission to appeal at Upper Tribunal for PIP decision

mobbbamobbba Member Posts: 34 Connected
My application to move from DLA to PIP was in January 2017.  I was turned down by DWP, I went through the channels and eventually had a First Tier tribunal hearing on 7th March 2018.

I had DLA hrm and lrc. This was reduced at the tribunal to no points on PIP. I appealed the decision and was refused. I asked to apply to the Upper Tier tribunal and was refused.

I applied to the Upper Tier tribunal for permission to appeal and  I received the letter from the Upper Tier tribunal granting permission to appeal the decision today.

The Upper Tribunal have stated that the ''First Tier tribunal erred materially in law in the decision to which it came on 7th March 2018'' They cited several case law cases.

They have asked DWP to comment within one month on the points the Judge has made.  Can someone advise me what will happen next?

Thank you

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You'll most likely be given another hearing date with a totally different panel. How long this can take will depend on back log in your area. 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.
  • mobbbamobbba Member Posts: 34 Connected
    poppy123456  Thank you for your reply.  I was looking online and it was saying that a First Tier tribunal decision can be overturned on points of law by the Upper tribunal judge. As the Judge has referred to at least three points of law and questioned the answers from the assessor, could this happen?
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    This post really worries me.

    Firstly we have vulnerable claimants that see a Tribunal as an impossible task to contemplate. They are persuaded to appeal citing the fact that the Tribunal will look to see what the right decision should have been they are independent. 
    Then here we find the Tribunal has erred in law?

    Doesn't do much for confidence in the system.

    And besides how would people know if the Tribunal's decision was right - are we all expected to have the strength and ability to go to the Upper Tribunal?
  • mobbbamobbba Member Posts: 34 Connected
    Its just over two years since this all started with the transfer from DLA to PIP form.

    The assessor lied on her assessment of me. The DWP believed the assessor, the First Tier tribunal based their decision on the assessors report, despite me having medical evidence to back up all my claim.  In fact the tribunal judge lied on her report.

    Now the Upper tribunal are saying no one looked at my evidence.  I am a completely different person since this started, completely within myself. I lost my car and have almost lost my mind fighting this.

    One time, someone will take the DWP to justice. Assessors lying, DWP ignoring medical evidence, judges lying.  Its a mess
  • Gary01522Gary01522 Member Posts: 24 Connected
    This seems to be par for the course. I wonder how many others like me are to afraid to contest the decision. The bosses of those assessor are compliant or at least pushing to reduce any payments possible.
    Why is there no decision to sack those who put us through hell.
    Or are they on a bonus scheme.
    One would think the money come out of their own pockets and not the tax we have paid for many years.  are we supposed to be one of the rich nations ?

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