Upper tribunal case
sarahfy2609
Community member Posts: 9 Listener
Hey everyone new to the site and just looking for some advice. I've been sent here by a friend who said you guys know what you're talking about lol, so here goes.
Back in November 2017 a first tier tribunal made the decision to take my PIP away, I was on high rate daily living and low rate mobility, for generalised anxiety disorder and depression. My social worker took me to the appeal, my condition had gotten 1000 times worse to the point where I couldnt drive anymore and would be so anxious on public transport that I soiled myself. My three types of medication was put up to the highest daily dose, one of which was an anti psychotic i had to take in the morning which had sedative effects, I was basically a walking zombie so didnt dare drive. I wasnt managing my medication, they threatened to sign me in if i kept making the decision to stop taking it. So when they made the decision to take me off PIP after my condition had worsened so badly it was a mystery to me and the professionals i had looking after me. But it was the first tier tribunal decision and I didnt think you could appeal their decision.
Anyway this year I had a letter inviting me to apply to the Upper Tribunal on the basis of an error in law, codes given to me were MH and RJ. So I applied to the upper tribunal sent off all of my reasons why I thought they had made the wrong decision, when I tried to get the decision reasons from the first tier tribunal all the papers have been destroyed as part of Data protection, so basically they have to make a decision off my word and the original DWP decision im guessing. I've had a text this week saying, "We've received the written report of your PIP assessment. We will write to you once we've made a decision on your PIP. As a guide you should hear from us within 8 weeks.. You dont need to contact us unless any of the details you gave us have changed. Thankyou".
Can someone shed some light on this please and if they have experienced similar.
Any advice will do even if its not what I'm hoping for lol.
Thanks guys xx
Back in November 2017 a first tier tribunal made the decision to take my PIP away, I was on high rate daily living and low rate mobility, for generalised anxiety disorder and depression. My social worker took me to the appeal, my condition had gotten 1000 times worse to the point where I couldnt drive anymore and would be so anxious on public transport that I soiled myself. My three types of medication was put up to the highest daily dose, one of which was an anti psychotic i had to take in the morning which had sedative effects, I was basically a walking zombie so didnt dare drive. I wasnt managing my medication, they threatened to sign me in if i kept making the decision to stop taking it. So when they made the decision to take me off PIP after my condition had worsened so badly it was a mystery to me and the professionals i had looking after me. But it was the first tier tribunal decision and I didnt think you could appeal their decision.
Anyway this year I had a letter inviting me to apply to the Upper Tribunal on the basis of an error in law, codes given to me were MH and RJ. So I applied to the upper tribunal sent off all of my reasons why I thought they had made the wrong decision, when I tried to get the decision reasons from the first tier tribunal all the papers have been destroyed as part of Data protection, so basically they have to make a decision off my word and the original DWP decision im guessing. I've had a text this week saying, "We've received the written report of your PIP assessment. We will write to you once we've made a decision on your PIP. As a guide you should hear from us within 8 weeks.. You dont need to contact us unless any of the details you gave us have changed. Thankyou".
Can someone shed some light on this please and if they have experienced similar.
Any advice will do even if its not what I'm hoping for lol.
Thanks guys xx
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Comments
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Welcome to the community @sarahfy2609 Thank you for posting about this. It seems as though you've been through a lot over the past few years.
Are you receiving any support to help you with your appeal? If not, I'd encourage you to do so. You can see what's available in your area by searching on advicelocal.uk
I also just wanted to check whether you feel you're able to manage your medication okay now?0 -
Hi Tori, yes im managing it fine now I have alot of support from my friend and have an appointment coming up with my GP to discuss a hysterectomy, as my mental health seems to get so bad during my period that my meds stop working, it seems to be hormonal, I spent ten weeks on a mental health unit after having my little boy, its affected really bad by my hormones. thanks for asking, really kind of you. No I havent received any support for the upper tribunal Ive only recently found this site after I replied to them with my written evidence that I did myself. Was just wondering if anyone has been through the same thing and the outcome.0
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That text sounds as if it is from DWP. Have you made a new application for PIP?0
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no i havent made any application for PIP, I rang them and they had no pip case for me xx0
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Bizarre - I can't throw any light on the text.0
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i was wondering if the upper tribunal has sent their decision back to pip or something, its making my nerves bad not knowing lol0
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sarahfy2609 said:i was wondering if the upper tribunal has sent their decision back to pip or something, its making my nerves bad not knowing lol
I can't see it being that because DWP text said " we have received your written report of your PIP assessment" This doesn't indicate it's anything related to the Tribunal.
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it said pip paper assessment thats why I thought it maybe related to the tribunal, and PIP cant find anything on their systems, its annoying me lol0
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That does sound annoying @sarahfy2609. What, if anything, might help this to be clearer for you at the moment?
Please don't hesitate to let us know if we can do anything to support you. We are all here for you and listening to you0 -
Hi there thanks for the reply, maybe hearing other peoples experience with upper tribunal and error of law cases might help me get round it xxx0
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sarahfy2609 said:Hi there thanks for the reply, maybe hearing other peoples experience with upper tribunal and error of law cases might help me get round it xxx
It's not often members post here with UTT stories unfortunately. If they do we usually advise then to get specialist advice.
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Did you get the upper tribunal sorted and if so did you have to go to a second tribunal or was it decided on paper0
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