error of law — Scope | Disability forum
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error of law

jillf88
jillf88 Member Posts: 3 Listener
edited October 2020 in PIP, DLA, and AA
Hi, my daughter has just received her statement of reasons from her PIP Tribunal. It was very upsetting reading what the judge had to say, according to the judge my daughter exaggerates and lacks creditability. There has been assumptions made in the statement, i.e- due to my daughters illness/disability i would often drive her to university, this helped with the fatigue and pain control, the judge has stated that the tribunal found that this was dictated by choice and/or need for me to be able to use the car as i car share with my daughter. This is not the case at all and none of this was said to the tribunal, we have our own cars we do not share. They stated they could only consider the circumstances obtaining as at the date of the decision appealed against (17/04/2019) and not how she was at the time of the tribunal hearing, the hearing was June 2020, if that is the case then should they have took into consideration the fact that we took my daughter on holiday in November 2019 and also should they have considered the new job she started in December 2019?. They are refusing her PIP because there saying she must be very intellectual because she attended university and is able to work part time. We are going to see about appealing to the upper tribunal, but im unsure if there is any error of Law, any advice would be greatly appreciated
Many thanks

Comments

  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,721 Disability Gamechanger
    hi and welcome to scope, its quite true that they can only consider the case on the PIP application and not any changes since. I'm not sure if there is an error in law someone will help with that when they see this, if there have been changes since the original application which are backed up by evidence then it should be possible to apply again.
    Be extra nice to new members.
  • Tori_Scope
    Tori_Scope Posts: 9,575 Scope online community team
    Welcome to the community @jillf88 :) I know that woodbine has given you some pointers above, but I've marked your post as unanswered in the hopes that another member with more knowledge on errors of law can give you some guidance. 
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  • Han_
    Han_ Member Posts: 151 Pioneering
    Hi @jillf88. The Citizens Advice website here (under the heading 'Challenging a tribunal decision') states to contact them as soon as possible to get help regarding the potential error of law. I hope they are able to help if you decide to contact them.

    Han
  • jillf88
    jillf88 Member Posts: 3 Listener
    Thank you to everyone for responding, my husband is going to speak to Citizens advice this week, he has also been advised to contact our local MP.  
  • poppy123456
    poppy123456 Member Posts: 31,188 Disability Gamechanger
    I'm not sure what your local MP can do here because they won't know the slightest thing about Tribunals/benefits or errors in law. Unfortunately your local MP can't guarantee a disability benefit award.
  • jillf88
    jillf88 Member Posts: 3 Listener
    Im unsure myself what our local MP can/will do, but my husband was advised by a health professional who has contacted the local MP herself on numerous occasions to help her patients with regards the outcome of PIP Tribunals 
  • Han_
    Han_ Member Posts: 151 Pioneering
    Hi @jillf88, I was just wondering how you got on with Citizens Advice and your local MP?

    Han

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