Appealing a Tribunal decision. Help?!
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Ratdad
Online Community Member Posts: 3 Listener
Hello. I had my PIP tribunal today and felt hopeful. However it was declined leaving me in a state of shock and despair. They didn't say why. They gave me 0 points for using a shower aide despite telling them twice I use a shower stool. They gave me 0 points for prompting to take nutrition when I had broken down trying to explain my eating disorder, and how migraines make me so nauseous I need help remembering to eat. Even though they gave points for needing help making food.
They gave me 0 points for needing someone with me to travel to unfamiliar places - only 4 points for needing "prompting to travel", I explicitly said several times my anxiety is severe and I cannot travel alone unless its to the coop opposite my house.
Rheu gave total of 7 points. I would've settled for standard rate without mobility after all the stress but now I feel determined to fight harder. Despite how sick its making me to keep doing this.
How do I appeal the tribunals decision?? It looks scary and complicated with talk of legal representatives. I don't know where to go for help.
Can I put a new PIP claim in in the mean time?
Thanks all,
Distressed, broken, and penniless.
They gave me 0 points for needing someone with me to travel to unfamiliar places - only 4 points for needing "prompting to travel", I explicitly said several times my anxiety is severe and I cannot travel alone unless its to the coop opposite my house.
Rheu gave total of 7 points. I would've settled for standard rate without mobility after all the stress but now I feel determined to fight harder. Despite how sick its making me to keep doing this.
How do I appeal the tribunals decision?? It looks scary and complicated with talk of legal representatives. I don't know where to go for help.
Can I put a new PIP claim in in the mean time?
Thanks all,
Distressed, broken, and penniless.
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Comments
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You say it was the tribunals decision, then you qualify for legal aid if want to appeal to Upper Tribunal.0
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Hello @Ratdad Pleased to meet you welcome. Thank you for joining and sharing.
I am one of the team of community champions who advise and help new members who join.
Sorry what has happened. I can imagine that everything is stressful and a lot of anxiety. We are here to support you and hope to give you some reassurance.
Many of our members can identify what you are experiencing and will hopefully offer further support.
I would advise on our website a lot of information, advice on what to do the next steps regarding your tribunal decision.
I would suggest speak to some one like CAB your local office. They will advise as they knowledge and expertise on the process .
I hope that helps you and please do not hesitate to contact the community.
Please ask any questions some one will know from our team or a member of our community.
Please take care.
@thespiceman
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Hi,Firstly you need to request the statement of reasons from HMCTS and you have 1 month from the date of the decision to do this. Once you receive this you must then find someone to find an error in law in making the decision, if no error in law is found then i'm afraid you won't be able to appeal the decision.0
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Ilovecats actually they scored me the 4 points for significant distress travelling. And if you read, I said I cannot travel ALONE. I had somebody make all the journeys with.me and even have a prescription for diazepam for travel.0
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Hi ratdad when I had my tribunal my solicitor told me you can only go to the upper tribunal if there decision is a mistake of law..sorry0
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Ilovecats thanks I'll look at the guidance. Though from what I know of the points system, you get 8 if you cannot go on UNFAMILIAR journeys alone, which I stressed several times to them. And I can't go alone just with prompting because I can't safely and reliably travel, read timetables, get on the correct buses or trains etc without significant distress.
It's all so flawed. Either way, there is absolutely no doubting that I need and use a shower aid.0
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