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Appealing a Tribunal decision. Help?!

RatdadRatdad 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.

Replies

  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    You say it was the tribunals decision, then you qualify for legal aid if want to appeal to Upper Tribunal.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    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
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    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.
  • RatdadRatdad Member Posts: 3 Listener
    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.
  • jarvo40jarvo40 Member Posts: 32 Connected
    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
  • RatdadRatdad Member Posts: 3 Listener
    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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