I lost at tribunal after PIP review. What can I do now? — Scope | Disability forum
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I lost at tribunal after PIP review. What can I do now?

Donnaq
Donnaq Member Posts: 5 Listener
edited September 17 in PIP, DLA, and AA
I was awarded disability living allowance back in 2016.middle care no mobility... my 3 years was up in 2019. I then reapplied. Was turned down from which I appealed.. got  what I would call an interrogation by phone on the appeal call. They requested my full medical notes which I agreed. As I had a lot of history of I'll health which got worse from my last claim.  The doctor who was along with the member of social security lady interrogated me about a tread mill I did back in 2019 at my local hospital. Which had nothing to do with my current claim I told him my mobility was worse now and that I now had fibromyalgia and my arthritis had spread throughout my body. He continued on about my treadmill back in 2016 from which I got very upset and cried a lot and the interrogation made me extremely anxious. The interview ended and I was turned down flat after fighting over a year for my re claim. I'm disgusted and have not got over that phone interrogation which is all I can call that phone appeal. 

Comments

  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    HI,

    I'm sorry to hear that. The majority of people have good experiences from Tribuanls. If you're over 16 then it would have been PIP you were refused and not DLA. DLA hasn't existed for new claim for people this age since 2013.

    You can reapply but before doing so you should get some expert advice because if you don't then you could be refused again if you use the same evidence you previously used. For advice start here. https://advicelocal.uk/

  • janer1967
    janer1967 Member Posts: 12,311 Disability Gamechanger
    Hi and welcome to the community 
    I am sorry to hear about your experience with your claim is there any thing we can help you with 
    Here to help with my experience in hunan resources and employment rights 
  • Donnaq
    Donnaq Member Posts: 5 Listener
    Poppy I think it's too late now to re appeal. Yes sorry it was pip.. it wasza very bad experience for me.. never had anything like it the doctor did not ever care I was crying. I told him my disability is worse now but he only cared about that treadmill at hospital. It was like I was cheated out of it because they had no other reason to turn me down. And the tread mill was 2016 for goodness my appeal was for 2019 applicaton
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    Hi @Donnaq - & welcome to the community. I'm also sorry to read about your tribunal experience. Do have a look to see if there's a Welfare Rights Office or Citizens Advice near you with the link Poppy gave. Then you can make a fresh start with claiming PIP. Please let us all know how you get on, & come back with any questions. 
  • Donnaq
    Donnaq Member Posts: 5 Listener
    Thankyou.. I have fibromyalgia now since my previous allowance back in 2016 and have had a heart attack in 2020 which was mentioned on my new claim I also have severe arthritis now in fingers hips shoulders as well as knees. Also suffer crushing cramping rib pain cant remember what the name is given for this. My claim was genuine but I'm so anxious about claiming again as I fear going through the same process. 
  • chiarieds
    chiarieds Community Co-Production Group Posts: 10,579 Disability Gamechanger
    Oh, you have gone through a lot. With PIP however, it's important to realise that altho you list your diagnoses at the start of your claim pack (is your rib pain costochondritis?), it's about the difficulties you have with certain activities of daily living & mobility. Have a look at the activities/descriptors in this link, if you haven't seen them before: https://www.cambridgeshire.gov.uk/asset-library/Personal-Independence-Payment-Descriptors-and-Scores-April-2021.pdf
    If you get some local advice, this will take the stress off you if you decide to claim again. Just remember, it's less about medical information, rather your own detailed anecdotal evidence which relates to the specific descriptors. :)
  • Donnaq
    Donnaq Member Posts: 5 Listener
    Yes that's it costochandritis.. very painful 
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Donnaq said:
     I'm so anxious about claiming again as I fear going through the same process. 

    This is very likely going to happen if you reapply using the same evidence you previously used and fill out the form in the same way.
  • mikehughescq
    mikehughescq Member Posts: 7,508 Disability Gamechanger
    When was your tribunal? Did you request a statement of reasons and record of proceedings? If so and you’re within 13 months of your tribunal it will also be worth exploring an appeal to upper tribunal. Either way you have choices and to make sense of those you need advice. You especially need advice before you make a further claim.
  • Donnaq
    Donnaq Member Posts: 5 Listener
    Thankyou.. tribunal was january
  • poppy123456
    poppy123456 Member Posts: 23,843 Disability Gamechanger
    Did you request the Statement of reasons and record of proceedsing within 1 month of the date of that Tribunal decision? If you didn't then you're now out of time to request these.
  • lemurlover
    lemurlover Member Posts: 14 Listener
    You can still request a statement of reasons. Explain why you are late in your request, and that it was due to disability/depression.
  • mikehughescq
    mikehughescq Member Posts: 7,508 Disability Gamechanger
    You are out of time to request a statement of reasons and whilst you can indeed nevertheless make such a request the easiest option for HMCTS will be to say no. 

    It’s entirely at their discretion and a simplistic argument like disability/depression isn’t going to fly especially if those issues are confined to the arthritis/fibro you mentioned. You would need to go into significant depth as to why you were so disgusted by the tribunal you failed to take on board their subsequent correspondence advising you of your right to go to UT; get a SOR/ROP etc. or indeed to let an advice agency advise and take the strain. 

    However, provided you do submit a credible argument they will comply with the request in almost all in late applications unless they’re over 12 months old. Even then it has been known.

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