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Appealing a Tribunal decision. Help?!

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Ratdad
Ratdad Community member Posts: 3 Listener
edited February 2019 in PIP, DLA, and AA
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.

Comments

  • Benistmonk
    Benistmonk Community member Posts: 343 Pioneering
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    You say it was the tribunals decision, then you qualify for legal aid if want to appeal to Upper Tribunal.
  • thespiceman
    thespiceman Community member Posts: 6,379 Disability Gamechanger
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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
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • poppy123456
    poppy123456 Community member Posts: 57,081 Disability Gamechanger
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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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Ratdad
    Ratdad Community member Posts: 3 Listener
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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.
  • jarvo40
    jarvo40 Community member Posts: 32 Connected
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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..sorry
  • Ratdad
    Ratdad Community member Posts: 3 Listener
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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. 
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