PIP, DLA and AA
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After a two year battle 2nd Tribunal

mobbbamobbba Member Posts: 34 Connected
I was refused permission to appeal to the Upper Tier Judge by the First tribunal judge, after losing my appeal with 0 points.. But I battled on and was finally granted permission by the Upper Tier Judge who stated that the first tier tribunal erred on 2 points of law.  I now have a second tribunal in three weeks, with a newly constituted panel and a list of things from the Upper Judge they have to look, at that were ignored at my first tribunal.

I am asking if anyone has had a second tribunal ?  I am really nervous that they may hold it against me for complaining. .I am not a good speaker and the quick fire questions made me anxious at the last tribunal, to the point of not being able to remember anything.  The Upper Judge says they have to look at my previous award, DLA higher and Care lower rate. I do not have these papers, will the DWP supply them?  If anyone can give me some support I would be grateful. I am 69 years old and at the moment I don't know if I can go.....Thanks

Replies

  • zakbloodzakblood Member Posts: 419 Pioneering
    no advice to offer, but sure someone will here, good luck and stay strong, a long road indeed and hope with a happy ending 4u
  • mobbbamobbba Member Posts: 34 Connected
    Thank you   zakblood    I hope I can calm myself a little.
  • zakbloodzakblood Member Posts: 419 Pioneering
    well i tend to always be a happy sole, as while the DWP tries it's hardest to drag me down to there level, i say sod em and keep smiling and tbh it's not worth it, aged 52 this year, with 20 years now in the system, so know how it works, it's all about money, everything is about money and how to waste it, not save it, as the cost to recover even a % of what we get, costs more so in the end isn't worth it, but still they try and it seems each and every year they now make it harder, keep moving the goal posts, hoping for most to either die or give up, so like everything in life now days, unless you fight for it, they will give it to someone else, you pay in, you should get out, its simple in my eyes, but the DWP is going the same way as the NHS has, and now both aren't no longer fit for purpose imo, as both waste more each year so the budget gets larger, but overall upset more and more and treat / help less, but life goes on, what doesn't kill us, can only make us stronger, and your welcome
  • justg72justg72 Member Posts: 173 Pioneering
    Hi mobbba
    So sorry to hear about your first tribunal not going in your favour. I am waiting for my tribunal which is on the 15th of May.
    Have you got representation for your tribunal? I haven't. I can't really give you any advice on this as this is the first tribunal I will be attending.
    There is a website which covers tribunals and P.I.P. case laws it is:www.pipinfo.net
    There is some really good information on this site, so I would have a look at it and see if it gives you information on a second tribunal.
    Sorry I can't be of more help.
    I can relate on all the stress it has caused you because I have been the same. They want people to give up.
    Good Luck, I hope the decision goes in you favour and you receive the benefits you are fighting for.  
  • CazannCazann Member Posts: 88 Pioneering
    Hi Mobbba.  I am awaiting a second tribunal, although not the same situation as you. My first one, Jan 2019 was postponed, a few hours before it was due to take place. The tribunal services rang me on the morning and said that the judge had decided that I didn't have enough evidence and the tribunal couldn't go ahead. I thought that I'd sent enough but it apeared that the evidence from the doctor wasn't fully up to date! Also they wanted my old, DLA award papers, which I didn't know that they were needed and they wasn't asked for. I was asked to sign a letter to enable the Tribunal Sevices to aquire the further evidence from my doctor and the DWP. I have just received the copies back, so I'm hoping that the tribunal will go ahead soon!
    Good luck and I hope you get your award.
    PS. Don't let them rush you and take notes with you, so you can remind yourself what you need to say. xx
  • ArtmuzzArtmuzz Member Posts: 43 Connected
    edited May 2019
    My welfare rights Officer requested another rehearing at the appeal last year after the Tribunal Service failed to send me the audio recording of the appeal when I asked for the Statement of Reason and audio recording after failing the appeal for PIP.

    Unfortunately, the Tribunal Judge refused but I had an option to send it to upper Tribunal myself but I didn’t bother.

    Now after reading this thread I’m wondering if I should of taken it to Upper Tribunal because it is law in Scotland that DWP tribunals are recorded and sent to the claimant when asked for Statement of Reason and the Tribunal Service failed to do that. There was a few lies in the printed Statement of Reason which contradicts what was said at the Tribunal which would of been on the audio recording.


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