New pip application - Page 8 — Scope | Disability forum
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New pip application

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Comments

  • worried33
    worried33 Community member Posts: 492 Pioneering
    I would need to see the tribunal report to offer an opinion if there was an error of law, that's the only way to appeal that decision.

    Some examples of error of law here.

    "failure to have regards to material evidence, taking into account and being influenced by by immaterial evidence, inadequate reasons, unfair procedure, misunderstanding or misconstruction of the law, disregarding a relevant statutory provision, failing to give effect to a binding decision of a superior court, and irrationality."

    If you consider any of that true for the tribunal statement of reasons then you "may" have grounds for appeal.

    On the upcoming UC LCW/LCWRA case I dont think I see anything posted in regards to that.
  • boriswho
    boriswho Community member Posts: 180 Courageous
    i would need to scan the bundle 1st as I dont have any digital copys

    failure to have regards to material evidence----yes possibly,
    taking into account and being influenced by by immaterial evidence ---- more than likely,
    inadequate reasons ---- not sure yet waiting still
    unfair procedure --- hmm atos
    misunderstanding or misconstruction of the law,---- havnt a clue on my part yes
    disregarding a relevant statutory provision, -----of the bundle could have deffinatley been overlooked
    failing to give effect to a binding decision of a superior court, I dunno its very deep this puddle?
    and irrationality--- i dont think anyone but me could have been this

  • boriswho
    boriswho Community member Posts: 180 Courageous
    sorry i missread thought you said bundle you needed to see
    i dont have tribunal report yet was requested 19 july
  • boriswho
    boriswho Community member Posts: 180 Courageous
    i sent this by email to tribunal service
    this is a request for statment of reasons for the decision made 04/07/19 and also the transcript typed if that is possible because i was unable to read judge lees last written transcript very well from iidb tribunal earlier.


    Once recieved i will be looking for an error of law and hoperfully appealing to an upper tier tribunal i think with regards to repeatedly reliably & safely criterea of the pip descriptors which i feel I did not have the opportunity to discuss at the tribunal. and i was ajudged only on the answers i gave at the tribunal relating to the questions I was asked .
    I felt menatally drained from the experience, and phsyically afterwards, and as a whole the osteoarthritis pain I have also experiienced and injurys have succumnbed me to a new level of phsyical disability a feeling of being tortured daily from this bain existence and lack of financial support.

    I do hope you have the opportunity to read my case thoroughly and find errors yourself and rescue me from this dire medeveil system.
    I look forward to your swift reply and i can begin the long tortures road to hopefully some sort of recovery and return to work if i possibly can which i am feeling extremely positive about after a recent discussion with my treating ortha consultant.
    kindest of regards 
     
  • poppy123456
    poppy123456 Community member Posts: 53,933 Disability Gamechanger
    worried33 said:

    e.g. he could explain how his conditions affect him here, a face to face isnt required for that.  The only difference is that the form could be filled out for him, yet I think you also mentioned in my thread poppy that CAB filling out forms isnt the best of ideas as they tend to have a habit of putting in tell tales to try to maximise descriptor points.  At my face to face I had to hold back the CAB rep from doing that.  The advice I got from here was far better then I got from CAB face to face.

    Anyway seems it doesnt matter as he is gone I think.  I wish him the best of luck tho if he is reading this.
    Please link the thread to which i said that. My usually advice is to just put this link. https://advicelocal.uk/
    and advise people to get face to face advice.

    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.
  • Hartley
    Hartley Posts: 114 Courageous
    edited August 2019
    @Username_removed wow awesome, best advice i've seen in a very long time!
    [Removed by moderator]
  • poppy123456
    poppy123456 Community member Posts: 53,933 Disability Gamechanger
    edited August 2019
    Hartley said:
    @Username_removed wow awesome, best advice i've seen in a very long time!
    [Removed by moderator]
    [Removed by moderator]
    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.
  • Ilovemywifesomuch01
    Ilovemywifesomuch01 Community member Posts: 32 Courageous
    This thread is just getting more confusing. 
  • Hartley
    Hartley Posts: 114 Courageous
    edited August 2019
    Boriswho I'm really sorryyou was right to give a detailed description of your difficulties. So back to the first question: can you prepare a meal? I can't prepare a meal because when I walk to the kitchen I'm in 50% pain in my knee.

    Can you cook a meal: no I cannot cook a meal as to walk to the kitchen which is a few meters makes my knee hurt 35%.

    It really could be worth measuring the distance from your car to your front door ( they will want to know this) also detailing how a really steep hill can cause your knee and foot to hurt 75%. Continue this detail my wife is claiming for mental health I had no idea how it worked for mobility now I understand you.
    Go take a look at "Purple Ella" on youtube...she gallivants all over the UK  trains ,undergrounds...large public speeches...4 day tenting holidays and she gets pips.....now work that out!  I know whats what...im just giving you a heads up on that Ytuber....I actually believe PIPS should be means tested also.. And child benefit.
  • Ilovemywifesomuch01
    Ilovemywifesomuch01 Community member Posts: 32 Courageous
    Hartley I'm carer for a very mentally ill person why would I want a heads up on someone who claims pip and has a YouTube account???? I'm lost.
  • Hartley
    Hartley Posts: 114 Courageous
    edited August 2019
    Hartley said:
    @Username_removed wow awesome, best advice i've seen in a very long time!
    [Removed by moderator]
    [Removed by moderator]
    [Removed by moderator]
  • cristobal
    cristobal Community member Posts: 984 Disability Gamechanger
    ilovecats said:
    This thread is just getting more confusing. 
    Agreed. 
    I disagree sorry - it seems perfectly clear to me.

    What was the question again?
  • Hartley
    Hartley Posts: 114 Courageous
    Hartley I'm carer for a very mentally ill person why would I want a heads up on someone who claims pip and has a YouTube account???? I'm lost.
    You earlier mentioned how some people manage to receive pips when they really shouldnt..hence ,i can show you exactly that on YT....whats difficult about this to understand?
  • Ilovemywifesomuch01
    Ilovemywifesomuch01 Community member Posts: 32 Courageous
    You have had a dig at poppy she can only advise, some of you people come on this forum expecting all the answers to get a successful benefit outcome. It doesn't work like that if you are entitled to benefits you will get them if you are not entitled you won't get them poppy is NOT responsible for that neither is anyone else on here who can only advise.
  • poppy123456
    poppy123456 Community member Posts: 53,933 Disability Gamechanger
    @Hartley i actually did take offense by your previous comment. I wasn't approaching anything incorrectly. I'm not going into details here, if i did it would take a week to tell my story. Lets just say schools and NHS.... end of story.
    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.
  • Hartley
    Hartley Posts: 114 Courageous
    Hartley I'm carer for a very mentally ill person why would I want a heads up on someone who claims pip and has a YouTube account???? I'm lost.
    It may not have been you....might have been a mix up.,..but i did see you opoligise to this boris character.,..so you seem a little stressed...

    I do find theres an odd clique on here at times...bit like lord of the flies...like most sites become...
  • cristobal
    cristobal Community member Posts: 984 Disability Gamechanger
    edited August 2019
    @hartley [Removed by moderator]

  • Hartley
    Hartley Posts: 114 Courageous
    @Hartley i actually did take offense by your previous comment. I wasn't approaching anything incorrectly. I'm not going into details here, if i did it would take a week to tell my story. Lets just say schools and NHS.... end of story.
    Totally no reason to have taken offense...as it was a legitimate enquiry.....Yes ..you seem to have the numbers down for great advice...but surely i can ask you a question if i notice a hiccup!
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