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Lost pip tribunal

Linda6666Linda6666 Member Posts: 7 Listener
Hi I'm hopeful that someone can help me,  I lost my tribunal to get full points for mobility part of my claim,  and the more I have thought about it the more anxious I'm getting about loosing my independence and becoming unable to leave my flat .
I will give you a quick idea of what I mean,  as well as fibromyalgia/ copd / I also suffer myoclonus dystonia , I had DBS surgery 5 years ago and although I have got some benefit from it it's not been a total success, and my settings can not be changed because ever time it's been tried it drives dystonia out in other places of my body and it's too painful to manage so the settings I have been the same for over 3 years.  
I'm still left with dystonia and illness or anixity just override my stimulator and the myoclonus comes back so basically back to square one , after my pip assessment that really didn't give any consideration to this I went to tribunal,  I attended the tribunal with my daughter but I knew from the way all 3 men looked at me I was going to loose , but waited for the dession and it came back failed , I have been battling my mind for 2 weeks about what it's going to mean to me when I loose my independence all together and slowly my anixity is taking over me and I feel they did not take into account the way it affects my Myoclonus,  I have been in tears and my moods are getting low and I feel a breakdown coming on  .
I feel I should be able to challenge the dession but really clueless on how I do this . 
Please can anybody give me advice b4 I loose the will to fight.  
No transport for me means I can't attend the Walton centre in Liverpool which is 32 miles away,  my gp who is also a lifeline to me , my family,  everyone infact , I took the flat I live in now knowing I could escape and go to my family,  but this is being taken from me .
Any advice would be fantastic because all I see at the moment are brick walls. 
Linda

Replies

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

    I'm sorry to hear this. You now have 1 month from the date of the decision to request the statement of reasons and record of proceedings and you need to email HMCTS to request these. Once you receive them you need to find someone to have a look to see if they can find the error in law. If that's not found i'm afraid you won't be able to take this decision any further.

    There's no timescales how long it takes for the Judge to write the statement of reasons, they do this when they have some spare time. It could take quite sometime for you to receive those.

    You can of course start another claim but doing this using the same evidence you just used will likely see another refusal.

    Put your postcode into this link and it will tell you what's local to you for advice. https://advicelocal.uk/

    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.
  • Linda6666Linda6666 Member Posts: 7 Listener
    So can I start a new claim even though it's not that long since started ? 
    Linda 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Do you have a current PIP award at all? Difficult to advise without knowing all your information. I can see that you didn't get the decision you were hoping for at the Tribunal but i don't see any other information.
    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.
  • Linda6666Linda6666 Member Posts: 7 Listener
    I have replied somewhere but don't know where? 
    Yes I get standard for both even though I should really be getting more with my Myoclonus dystonia , the trouble is that none of these people have never seen myoclonus dystonia so can not grasp the impact it has on a person's independence 
    Linda 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I just seen that you posted on my wall and have stated you currently receive standard for both parts. This means that you won't be able to start a new claim because you already have an award in payment.

    You can report a worsening of condition but doing this you risk losing everything you already have. When reporting a worsening of condition they will send you more PIP2 forms to fill in and return with all your evidence to support your claim. Another face to face assessment is most likely because most people have them. Before reporting the changes i'd advise you to get some face to face advice from an agency near you because no on an internet forum can tell you if there's any risks to your current award by doing this.

    Whether you're entitled to Enhanced mobility will totally depend on how your conditions affect you.
    Use this link to see what advice agency is local to you. https://advicelocal.uk/

    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.
  • Linda6666Linda6666 Member Posts: 7 Listener
    Ok thanks I will look at it 
    Kind Regards 
    Linda 
  • DrMeredithGreyDrMeredithGrey Member Posts: 8 Connected
    @Linda6666 As Poppy has stated, while yes your condition and the name of it matters, they don't need to know the symptoms or have a detailed medical explanation of the condition. What they require amd want to know is how your specific condition /health affects your day to day living, different from that of someone who has full mobility with no issues. They want to know how often it impacts your overall day to day living circumstances and why you'd require extra support above that of someone with full mobility issues. It cannot be expected of them to understand each person's medical condition in detail and therefore base their decision around that. They are not specialist doctors. It is not a personal action against you that they haven't taken into consideration to fully understand your medical condition as a whole. The MAIN things they base their decisions on, regardless of what your condition is or how many conditions you have, is how they affect your day to day living circumstances in detail. Try not to take their decision personally. I know that's hard and that you tend to feel like you're not being heard, but it's just how the process works, to ensure it is fair for every applicant. Hope you get yours sorted 🖤
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