PIP, DLA and AA
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lost tribunal

3358thanks3358thanks Member Posts: 4 Listener
I have been receiving the lower amount of DLA since 2003, because of mental health difficulties, which I have suffered from when I was 14 when I was caught in a bomb blast, which I have also now have tinnitus and loss of hearing, panic attacks etc.
I am 64 and only got two points for my hearing aids.  Went to MR which was accepted and then I got another letter denying they had allowed me PIP.  Disallowed PIP and went to Tribunal last week.  I did not realise that they only considered evidence that was given to them before the assessment, and was never told this.  The tribunal staff had asked for any extra evidence I wanted looked at, but declined to consider all the further evidence I had gathered, as my situation has worsened since the assessment.  
I have requested a statement of reasons, which is taking a long time to get.  
I used the DLA to pay for my car parking space at work, now I have no way of paying for that, and will have to reconsider working.
I am intending to reapply for PIP, as I will not let that assessment mark of 2 points stand.
I live in Belfast, and have suffered during the troubles, and I was diagnosed with PTSD in 2012/13 as I had a nervous breakdown.  I had to attend Lifeline as I was talking about ending my life as I was so bad.
I don't remember being told that they could not use any further evidence, as they never asked about my mental health, and they didn't want to know about it.  It basically was a waste of time, and I need advice on my position and how I can fill in the PIP form again.  Many thanks

Replies

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

    You stated that your condition had got worse. If the evidence you sent stated your condition was worse since the original decision was made then the Tribunal won't take that into consideration.

    If your mental health wasn't mentioned in the original PIP form or at the assessment then they wouldn't have taken this into consideration.

    There's no timescale how long it will take to receive the SOR and ROP. As your hearing was only last week then it could be quite a while before you receive them. The Judge will only usually do these when they have time to do them. When you receive them you'll need to find someone to take a look to see if the error in law can be found, if no error in law is found then you won't be able to appeal the decision.

    If your condition's got worse you need to start a new claim but i'd advise you to get some face to face advice from a local advice centre near you before you start a new claim.

    When filling out the PIP form you need to state exactly how your conditions affect you against the PIP descriptors. Try to keep it straight to the point without giving information that isn't relevant. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.




    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.
  • Alice_HoltAlice_Holt Member Posts: 46 Courageous
    edited March 2020
    The tribunal are there to decide if the DWP decision to deny you PIP is correct or incorrect. They are looking at your condition and abilities at the time of that decision, not your condition at the date of the tribunal.

    You can produce evidence which post dates that decision date - which is why the tribunal asked for extra evidence. Often a useful source of evidence is your GP medical records via a SAR / GDPR request. But that evidence has to relate to the conditions you had when you were assessed, not to new conditions or significantly worsened conditions that impact on how you now (post PIP decision) struggle with the PIP descriptors and now have additional care needs. 

    The problem is that you told the tribunal that your situation had worsened since the assessment and the DWP decision.
    They cannot take that into account, they have to determine if the assessment and the DWP decision was right. That is what they are there to do. Your submission should have addressed the assessment points, and the reason the DWP decision was flawed. (As poppy has indicated in her post).

    You could try an appeal to the Upper Tribunal to get the First Tier Tribunal decision set aside on the basis of natural justice, that you misunderstood the process, did not have help with the appeal, and were confused by the tribunal directions and subsequently failed to produce relevant evidence (such as your medical records) because of that confusion.  Not at all sure if that would succeed, but may be worth a go.  It may also depend on the information you put in your PIP form.

    Other than that re-apply before you get to 65. (You can't claim PIP after that age).

    In both cases get help from your local advice agency. Additional there are a lot of good info sources on-line e.g

    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

    https://www.rethink.org/advice-and-information/rights-restrictions/money-benefits-and-employment/personal-independence-payment-pip/

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

    https://www.advicenow.org.uk/guides/how-win-pip-appeal

  • 3358thanks3358thanks Member Posts: 4 Listener
    Thank you for helping me.  Will hopefully have another application for PIP
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