PIP 1st Tier Tribunal Refused - what now?

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northernpainter
northernpainter Online Community Member Posts: 1 Listener
edited June 2019 in PIP, DLA, ADP and AA
hello, I got my 1st Tribunal appeal decision today - appeal refused. 

A bit of background on me; I have MS - it's rapidly evolving highly active RRMS diagnosed a year ago and have had 4 relapses since. I also have Generalised Anxiety Disorder and OCD. 

Had my appeal on Monday and the decision posted, arrived today and it's refused. They have upheld my existing award which is standard for mobility, but refused enhanced. feeling very despondent and unsure of what to do. 

basically half of me is saying to myself "that's it, 3 people listened and the verdict is you're not entitled to it". the other half of me is saying i really firmly believed I was entitled to enhanced. 

would welcome any advice, 
thanks

Comments

  • cristobal
    cristobal Online Community Member Posts: 984 Championing
    @northernpainter - sorry to hear this....

    I think I tend to agree with you when you say "three people have listened to me maybe I'm not entitled" but, on a forum such as this, no-one can really advise because no-one knows how your condition affects you. Only you know that.

    Did you not get a daily living award?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    You won't be able to appeal the decision without finding an error in law. To do this you must first request the statement of reasons and record of proceedings and you have 1 month from the date of the decision to do this. There's no timescales how long it can take HMCTS to send this to you but once you receive it you need expert face to face advice to see if there's an error in law.
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    Hi @northernpainter and welcome

    There are three possible courses of action
    1 ) You can ask for the statement of reason and record of proceedings. If you can find an error in law then you may appeal to the UUT. To do so you will need trained help

    2 ) The tribunal can only consider how you were at the time of your assessment. If your condition has worstened significantly then you can put in a change of circumstance with new evidence

    3 ) How long is your current award ? You may have to wait for your next reveiw to make a better case
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Hi @northernpainter and welcome to the community! I'm sorry about the tribunal. The above advice is really good. I hope you manage to get it sorted and please do let us know if there is anything else we can do to help :)

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