Appeal tribunal decision

70keepgoing
70keepgoing Community member Posts: 12 Listener
in PIP, DLA, and AA
hi all, I've at last had my pop tribunal hearing, I had assessment in July 2017 and went to mandatory reconsideration, to first tier tribunal to upper tribunal and it was referred back to fresh tribunal, went yesterday and was totally interrogated and lost! I got 7 points for the daily care and 4 points for mobility, can I appeal this and does any one know how long this would take or am I better to just reapply?  In my first assessment I only had depression and osteoarthritis diagnosis but got later got diagnosed with fibromyalgia.  I cam mot believe I was short 1 point for the daily care, it's pushed me to tipping point! It's taken almost 2 years of fight for me! I don't have access to welfare rights or cab in my area and don't have funds to get a solicitor to represent me, any advice would be appreciated 

Comments

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    HI,

    That's the end of the road for this claim unfortunately.

    You can re-apply at anytime but do be aware that using the same evidence you previously used will very likely see another refusal. PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activities based on the PIP descriptors.




  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,511 Championing
    Hi @70keepgoing, like Poppy has said, unfortunately this is the end of the claim. Did you seek F2F advice with the previous claim? Please let us know if you choose to claim and we will try our best to help :)
  • 70keepgoing
    70keepgoing Community member Posts: 12 Listener
    Hi I didn’t get any f2f advice. No one in my area deals with pip claims. It’s tipped me over completely. I would like to reapply now since lots changed since July 2017. I felt I should have been awarded a point for the monitoring an health condition since my daughter assists with medication mainly sleeping tablet because I fall asleep early evening and if she doesn’t wake me to take it I get up very early morning.  Is there a number I can call to speak with someone? 
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Put your postcode into this link, you never know there maybe an advice centre local to you that you don't know exists.

  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,511 Championing
    I would definitely recommend accessing some F2F advice if you are doing to make a new claim and I wish you the very best of luck! :)
  • 70keepgoing
    70keepgoing Community member Posts: 12 Listener
    Struggling to get f2f advice in my area. Makes me wonder how many people are struggling due to this. 


  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    This link may help you have some understanding of the descriptors, what they mean and the criteria. It's long but i advise to to at least have a read. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

    If you do decide to re-apply then when you receive the forms there's no specific wording to use, just put as much information about how your conditions affect you as possible. Adding a few real life examples will also help. If you have different evidence to send then i'd advise to send it because using the same evidence is likely to see another refusal. Good luck.


  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,511 Championing
    I'm sorry to hear this @70keepgoing, have you tried ringing Citizens Advice? They may be able to help :)
  • 70keepgoing
    70keepgoing Community member Posts: 12 Listener
    Can have closed down in my area. Doesn’t seem to be anywhere that helps with benefit advice. 

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Have you read the link i posted above?

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