PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

PIP award but will appeal to upper tribunal

neuromum4neuromum4 Member Posts: 67 Courageous
Hi, I just cannot believe that they did not award mobilty there were 4 points.
11 for care.
I originally had 2 points.
I will definitely be going to get my rep to look at everything.
For almost 2 years I have been a wheelchair user, I think there may be a mistake I can't even walk for more for a minute without excruciating pain and have to use my cane around my home when I can.
I have a wheelchair from NHS wheelchair service and a scooter. I have a PA and carers, for personal care,medication, house work and food prep I just don't understand. This process is going to be longer.
Do I make a new claim?
Will they let me take it back from the MR date?
Not sure how thos all works and can't deal with this all right now.
Thanks
Neuro

Replies

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

    You can only appeal to the UTT if the error in law is found, you can't just appeal it because you don't agree with the decision. To find that error in law you must first request the statement of reasons and record of proceedsing from HMCTS once you receive these you need to find someone to have a look to find the error in law.

    You can't make a new claim because you have an existing award. You can put in a change of circumstances but this could be risky. You need expert advice which can't be given on any internet forum because no one knows exactly how your conditions affect you or anything about your Tribunal case.

    Not sure what you mean by "will they take it back from MR date"

    Start here for that advice. https://advicelocal.uk/

    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.
  • neuromum4neuromum4 Member Posts: 67 Courageous
    Yes I have a representative from CAB she will go through everything.
    Thanks for the information Poppy. My representative has done most of this it's all to complex for me to deal with right now in the middle of a relapse.
    The tribunal mentioned a new claim, not sure if I understood right.
    Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You really should be speaking to your rep about all of this rather than ask here because they will know everything about your case. 
    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.
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    So the tribunal are hinting that you deteriorated post claim but they can only assess what you were like on the date of claim. They’re hinting to look at a fresh claim. I’d take most such hints with a pinch of salt. They’re not binding on anyone. Just talk to your rep.

    Also worth saying that 4 points on mobility is for 50 to 200m. Exactly the sort of distance you might expect someone to cover in a minute. You need to entertain the idea that the decision may be correct.

    That said, there is a great app called Strava. It will help you measure how far you can walk and at what speed. It’s not great evidence for a claim but it’s a great guide for you as to the actual facts if you’re walking. 
Sign in or join us to comment.