PIP, DLA and AA
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Tribunal

tara2019tara2019 Member Posts: 212 Courageous
hi everyone just update tribunal didn't go well got standard my condition has worsened and a lot of things have changed is it now the time to put in my change of circumstances new claim into pip thanks

Replies

  • janer1967janer1967 Community champion Posts: 6,279 Disability Gamechanger
    Gi @tara2019 Sorry to hear the tribunal didn't go well, do you think your condition has got worse and could get you more points if so it may be worth as you suggest reporting a change in circumstances which will trigger a whole new assessment 
  • tara2019tara2019 Member Posts: 212 Courageous
    Hi thanks for reply yes my conditions have wosened quite a lot ive already reaceived a pip change of circumstances form but was waiting for the outcome of this tribunal ive been dismissed from work 2019 on health ground i ive slipped more spinsl discs which is now trapping both sciatic nerves so can't walk no more than a couple of metres the Mri scan shows arthrits in spine neck ive got support from msk specialist also this jan dr diagnosis with fibromaralga i had to give up driving last year too due to severe pain i also have severe depression with anxiety suicidal thoughts n do self harm n overdose on pain killer my daughter keeps the tablets so I can't act out my thoughts im also on a lot more tablets than in Nov 18 so do you think I should get the form filled in n sent back to pip sorry for the long message but to be honest I'm very upset it was my mobility n mental health I was appealing n got no points on mixing and planning journey thanks 
  • PIPPERMANPIPPERMAN Member Posts: 14 Listener
    Did the tribunal discuss with you how far you are able to walk in your condition and how long it takes you?
    You may have grounds to appeal and have the judgement set aside if they didn't.
  • tara2019tara2019 Member Posts: 212 Courageous
    Hi they did ask at the time. at assessment i told them could walk with walking stick up 20 to 50 but would be in intense pain could stand 30 seconds then my lower back would start to spasm the tribunal went with assor said I can walk fine up to 200 im not happy at all I really wish I was able body ive got appointment f2f with my msk specialist who did me a letter to support my claim 
  • PIPPERMANPIPPERMAN Member Posts: 14 Listener
    You should consider making an appeal and seek the assistance of a local legal help group or CAB.
    I just made a post in another thread ... PIP walking times (not distances). It explains how an award should be made on the basis of being able to walk without pain and within a reasonable time. If the tribunal did not apply the correct rule then you can have the judgement set aside as an error of law and you will be granted a new Appeal. I have just  done the same thing to have a third appeal.
  • PIPPERMANPIPPERMAN Member Posts: 14 Listener
    The first thing you need o do to make an appeal is write or email the court and ask for a statement of reasons and a record of proceedings. You have a month from the decision date to do this and it may take some time to get it back. So in the meantime look around for any group that offers free legal advice and representation. Once you get the Statement of reasons you have another month to apply for leave to appeal. An Upper Tribunal judge will consider the reasons you have given before giving you another month to actually apply for a new tribunal. It all takes so much time. I'm 2 years and 4 moths since my application and got 9 points daily living and 4 points mobility at my last appeal. The first appeal I just got 4 points mobility. f you have standard Daily living them there is a chance you could lose that at another appeal. It's quite a minefield.
  • tara2019tara2019 Member Posts: 212 Courageous
    Thanks for your advice it all sounds too much for me to cope with I was only going for standard mobility n ye got 4 points they didn't take into account my mental state n how this effects me ino we shouldn't give up but I've lost all fight in me 
  • Lou67Lou67 Member Posts: 774 Pioneering
    @tara2019. Oh hi Tara so sorry to hear about your appeal, I wish you luck and hope you have the strength to go further with it take care.
  • mikehughescqmikehughescq Member Posts: 4,983 Disability Gamechanger
    There are 2 issues here. 1 is applying for leave to appeal to UT on a point of law. 2 is whether or not to make a new claim.

    It’s not difficult to identify an error of law but often difficult for lay people to do so. So, get advice. In particular you need an assessment of the merits of your claim i.e. even if you win at UT and get a second FTT there’s no point pursuing it unless your PIP claim has a chance at sufficient points. 

    Getting advice now will save a lot of time on that issue alone. 

    As regards a new claim a deterioration in your conditions will not suffice. It will need to be linked explicitly to which additional points you would gain. If you don’t know that then again you need advice. There is also the thorny issue of claim pack completion and evidence gathering. If you do go the same way you did it last time why would it produce a different outcome. If you don’t know what might need changing then.... you need advice :)
  • tara2019tara2019 Member Posts: 212 Courageous
    Hi its my mobility I claimed pip from the start I could walk upto 50 metres with walking stick but would be in a lot of pain in my lower back n legs i really wish I could walk upto 200 metres ive have a lot more evidence from 2019 regarding mobility ive lost the fight im thinking new claim rather than upper tribunal 
  • katho31katho31 Member - under moderation Posts: 700 Pioneering
    hi Lou, i hope you are okay and have settled in ok  :) ive been unwell with pain and my neck seized up yesterday, very frightening, bit better today after good rest :)
  • Lou67Lou67 Member Posts: 774 Pioneering
    Ok Kath that’s a shame just trying take it easy today to, yeah I’m feeling settled thanks xx
  • katho31katho31 Member - under moderation Posts: 700 Pioneering
    thanks Lou, im jst on a debbi downer!! meaning when i get pain/anxious im unable to focus and know if i manage a rest today/tonight im much more alert tomorrow  :) so glad you are settled in, my hubby sends his best also, car has gone in for a service and theyve rang we needed new exhaust and petrol cap damaged...grrrr not too pleased but gotta be roadworthy
  • Lou67Lou67 Member Posts: 774 Pioneering
    Hi Kath oh hopefully you’ll feel better tomorrow, when I feel like that I just want left alone to deal was my feelings 🤦‍♀️Hope yous aren’t out to much money for the car, trying relax speak tomorrow ❤️
  • katho31katho31 Member - under moderation Posts: 700 Pioneering
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