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Hi, my name is bella1309! Rejected at tribunal, where do I go from here?

bella1309bella1309 Member Posts: 4 Listener
edited March 23 in PIP, DLA and AA
Hello,

I'm needing some help regarding pip.

Im currently receiving low rate pip, i did a mandatory appeal and that was rejected so i took it to tribunal. I received my letter yesterday that its also been rejected. I suffer with fibromyalgia, I'm in chronic pain, i can't get out if the house without help i suffer with depression due to the fibro. I'm under pain management clinic, they want me to start with CBT when the lockdown is over.

On my letter from the FTT they've only given me points on 5 things on the daily living side and 4 points on the mobility side but haven't given me any points for not being able to plan a journey alone and needing someone with me, i found this a bit strange? 

So my question is is where do i go from here? Do i start the process over again as i don't want to wait a year for the higher court. I have sent an email to the judge asking for a statement of reasons and in the email put down why i don't agree with these points. 

Can anyone help me 

Thank you 

Replies

  • calcotticalcotti Member Posts: 2,162 Pioneering
    You can only go to the upper tribunal if you think the first tier tribunal has erred in law.
    You need to take a hard look at the case you made to DWP and the tribunal for your existing claim and if you decide to apply again present a more targeted and robust case.
    Suggest you seek advice so a third party can go through it with you. Advicelocal
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescqmikehughescq Member Posts: 6,575 Disability Gamechanger
    Errors in law are relatively easy to find but as @calcotti says you now need to seek advice and representation. If you get the matter to a UT and perhaps back to a FTT for a re-hearing you should also use representation for that to ensure that your needs are correctly articulated. 

    Whether or not a new claim would be appropriate in the meantime is one of the first things to discuss with an adviser. Two reasons:

    1 - if you just fill in the claim form the same; supply the same evidence etc. then you will likely get the same outcome and have two claims to challenge not one. 

    2 - making a new claim limits any award from the first claim to the day before the second claim so you could potentially find yourself with something far more complex than it needs to be. 


  • bella1309bella1309 Member Posts: 4 Listener
    Hi there,
    Thank you for the advice 

    From making my claim back in march last year my condition has worsened, my medications have changed and I'm now under the pain clinic (things have changed since i first made the claim) can i go back to DWP as my review won't be until 2023? I'm waiting on the citizens advice to call me back but just wanting to get some sort of ideas or see if anyone had been in a similar position. I don't think they made any mistakes however i do feel like things i said have been overlooked.

    Thanks
  • calcotticalcotti Member Posts: 2,162 Pioneering
    bella1309 said:
    Hi there, Thank you for the advice 

    From making my claim back in march last year my condition has worsened, my medications have changed and I'm now under the pain clinic (things have changed since i first made the claim) can i go back to DWP as my review won't be until 2023? I'm waiting on the citizens advice to call me back but just wanting to get some sort of ideas or see if anyone had been in a similar position. I don't think they made any mistakes however i do feel like things i said have been overlooked.
    Sorry, I overlooked that you did have an ongoing award, albeit it at a low level. Therefore an actual new claim is not relevant.
    You can report a change of circumstances and request a review. You will be sent a new health form to complete and should treat this as a new claim so the above advice about looking at the submission etc. and having third party support remains relevant.
    I think assessments in connection with reported changes of circumstances are probably low priority at the moment but when it eventually happens the decision, if different, should, I think, be backdated to when you reported the change. If you do this it would again limit the time period that any outcome from a further appeal of the original decision would apply to. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • bella1309bella1309 Member Posts: 4 Listener
    Thank you @calcotti

    I'm waiting on the 'statement of reasons' and in that email we've also stated why we feel the points are wrong however i don't hold much hope out for them changing their minds. I found during the tribunal i was totally in above my head and wished I'd got advice a representative to help. I was on my own as i had to have someone to take my son out of the house (he's 18 months old) i was so emotional and my anxiety was in overdrive. So i didn't even get across the things i needed to point out i just messed it up. On top of this they're going back 12 month's asking questions i couldn't even remember to how I'm feeling in the present. 5 people on the call too. It was awful. Now i just feel completely deflated. I suffer so bad every day and i just feel nothing I've said was taken into consideration 
  • Ross_ScopeRoss_Scope Posts: 4,114

    Scope community team

    Hi @bella1309

    Welcome to the community, I hope the replies you have received so far have been helpful for you.

    Please try not to blame yourslef at all for how the tribunal went, they can be quire stressful experiences and it's easy to feel a bit overwhelmed by them, it can be quite daunting. I hope things go better for you going forward.
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  • bella1309bella1309 Member Posts: 4 Listener
    @Ross_Scope thank you. Yes absolutely agree i was completely overwhelmed. Thank you i hope i get some help going forward and maybe some luck 
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