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PIP appeal refused after tribunal, what can I do now?

shabapip123shabapip123 Member Posts: 3 Listener
Hi, I applied for PIP in February 2018, was given 0 points at the assessment. I have severe mental health issues, was diagnosed with stage 2 renal cancer, been operated on this year to remove the tumour, still in recovery process. Been diagnosed yesterday with a high vitamin D deficiency. Got gastroenteritis. When I applied for PIP last year it was only for the mental health issues as I didn't know about the other illnesses at that time. I appealed the decision and have attended a tribunal on 28/08/19. After such a long wait, hadn't been sleeping, really stressing out, constant panic attacks and anxiety. Debts piled up with family and friends, bills in arrears. At the tribunal was only asked questions about my health what I can and cannot do. I live on my own, I have to do what I can myself,  no family at all close by, friends are busy with there own lifes I don't trouble them. I mostly stay at home don't go out unless I need to for appointments etc. At the tribunal they didn't ask if I wanted to add anything I wanted to say. Once the questions had been completed, the judge said right I think that's it. Thank you very much for answering all our questions, you will get a letter in post. I knew something wasn't right. But I thanked them and headed home. Today I have received a letter and they have REFUSED my appeal with 0 points for daily living and mobility. I don't know what to do now or how I go around appealing to a higher tribunal or should I reapply for PIP. All medical evidence was provided but I have never been sectioned under the mental health act. I take medication daily. They only based the appeal on my mental health not my other illnesses. Please help me as to do what to do as I am in a state where I just want everything to end. 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear this. The Tribunal would have been based on what your condition was like at the time the decision was made. Any worsening of condition will not have been taken into consideration. A badly presented case will often lead to refusal.

    You now have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once you receive these you need to find someone to take a look at find an error in law. If not error is found then i'm afraid it's the end of the road for this claim and you won't be able to appeal the decision.

    You can start a new claim at anytime but using the same evidence you previously used will likely see another refusal. It helps to have some understanding of the PIP descriptors and what they mean. Before starting another claim i'd advise you to have a read of this link https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

    You may then want to get some face to face help and support if you decide to start another claim. Do remember that you must also have had the condition for at least 3 months and expect it to last at least a further 9 months. Good luck with what ever you decide.



    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.
  • shabapip123shabapip123 Member Posts: 3 Listener
    Thank you for replying. I really need the help. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @shabapip123 and a very warm welcome to the community! If there is anything else we can help with or you need things clarifying then please do let us know! :)
    Community Partner
    Scope

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  • shabapip123shabapip123 Member Posts: 3 Listener
    Thank you Chloe_scope. I have requested for a statement of reason today. Will have to await what they have based the tribunal results on. Can't really do much until then. 
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