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PIP journey nightmare to appeal - still a nightmare

Martin2019
Martin2019 Member Posts: 33 Connected
All I can say is:

august 2019 applied for PIP due to sever W mental health problems

December 2019 pip assessment

Jan PIP scored zero on both parts

MR March 2020

Appeal this week- tribunal asked all the right questions -

letter today still zero. 

Shocked and disappointed. Being anxious about going out of the house and not being able to mix at all without severe consequences. I was told we could apply for PIP for mental health. All it has done has made it way worse. 

Shocked !!!! Can’t appeal to upper tribunal as doesn’t appear to be any points of law. 

Can’t be bothered to re apply due to the stress and anxiety caused.

my advice - don’t apply in the first place !!!


Comments

  • poppy123456
    poppy123456 Member Posts: 23,885 Disability Gamechanger
    HI,

    I'm sorry to hear this! I wouldn't advise anyone not to apply though because most people that do apply are awarded successfully with no problems at all.

    You can have a disability but not qualify for PIP because if you don't fit the descriptors you won't score the points for an award and there are some people that just don't qualify.

    May i ask if you got help with your claim? Or did you go through the whole process by yourself?

    How do you know there's no error in law? You can't possibly know this without first requesting the Statement of reasons and record of proceedings. Almost all cases contain some error in law but it's a matter of finding that error and to find it, you'll need someone who knows what they're looking for. to have a look through the SOR and ROP.

    You can of course apply again at anytime but doing this and using the same evidence you previously used will very likely see another refusal.
  • Ross_Scope
    Ross_Scope Posts: 5,005

    Scope community team

    So sorry to hear this @Martin2019, I reall am. 

    I would be interested to know, as Poppy asks, if you had any support throughout the process? It can be very hard to do on your own.
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  • Martin2019
    Martin2019 Member Posts: 33 Connected
    Hi I had my partner and friends help me- how would I request a SOR ? 
  • poppy123456
    poppy123456 Member Posts: 23,885 Disability Gamechanger
    Hi I had my partner and friends help me- how would I request a SOR ? 

    I'm glad you had the support of those but when i said help, i meant from an advice agency. You request the SOR and ROP by emailing HMCTS. Do be aware that there's no timescales how long it will take to receive these. The Judge will only write these if requested to do so and they do this in their spare time. Once they are written, you will be sent them. Once you receive them you will need to speak to an advice agency near you to ask if they can read then to see if they can find the error in law.
  • cupcake88
    cupcake88 Member Posts: 1,002 Pioneering
    Oh I have just seen this post of your pip journey sounds stressful after the mr did you appeal to take it to tribunal . Can’t you take any decision Your not happy with to a tribunal ? Is this the decision your waiting on ? 

    I suffer with mental health problems and recieve pip . I couldn’t imagine the stress your under .

     so fingers crossed and don’t give up . 
  • poppy123456
    poppy123456 Member Posts: 23,885 Disability Gamechanger
    cupcake88 said:
    Oh I have just seen this post of your pip journey sounds stressful after the mr did you appeal to take it to tribunal . Can’t you take any decision Your not happy with to a tribunal ? Is this the decision your waiting on ? 

    I suffer with mental health problems and recieve pip . I couldn’t imagine the stress your under .

     so fingers crossed and don’t give up . 

    This was a decision made by the Tribunal.
  • cupcake88
    cupcake88 Member Posts: 1,002 Pioneering
    Oh no so the decision has already been made . So is this about a appealing a judges decision ? 

    Sorry I’m easily confused .

    im glad you have some one helping you 
  • poppy123456
    poppy123456 Member Posts: 23,885 Disability Gamechanger
    cupcake88 said:
    Oh no so the decision has already been made . So is this about a appealing a judges decision ? 

    Sorry I’m easily confused .

    im glad you have some one helping you 

    You can only a peal a decision of a Tribunal on error of law. If this isn't found you can't take it any further and expert advice is needed here, once the statement of reason's has been received. An internet forum isn't the place for this sort of advice because we don't know anything about the case.
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,610 Disability Gamechanger
    I'm so sorry @Martin2019 - please have a think about the advice Poppy has given. Take care.
  • cupcake88
    cupcake88 Member Posts: 1,002 Pioneering
    @poppy123456 thanks poppy for explaining I get so confused im on topic now . 

    @Martin2019
    I just re read the topic I was getting confused I’m sorry bout this news . But people with mental illness do claim pip successfully I can vouch for that . You could always apply again . My partner had to support me with my assessment . Also I did have a lot of medical Evidence that mentioned how my illness affected me I had a lot of crisis team plans that were given to me so I sent those off with the form as well as a prescription list . Are you under a mental health team at all ? They might have Care plans they can send you out or any new edvidence you could always apply again but I think you would need new edvidence but don’t count me on that . 

    I’m sorry you haven’t been able to leave the house I understand that . 
    But I think you could apply again . Don’t give up . 

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