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Can i appeal my tribunal appeal?

RobstxRobstx Member Posts: 2 Listener
Hi so i basically suffer from OCD/depression and anxiety and dyslexia.
And i had my tribunal appeal on the 18th of July. i was told on legal advice i should get Daily living - standard rate £57.30.

At the end of my appeal they told me they awarded me the standard rate. So my mum was like you should get around £50 a week and maybe £1800 back dated.

I just got a letter saying i be getting Mobility - standard rate.

basically i got 10 points for planning and following journeys. ( Cannnot undertake any journey because it would cause overwhelming psychological distress to the claimant)

And 4 points for engaging with other people face to face. (Needs social support to be able to engage with other people)

So basically when we left the tribunal. I was thinking they awarded me daily living standard. But my mum knew it was for mobility from reading the letter on the bus on the way home. But she presumed mobility standard = Mobility - enhanced rate. Because she wasn't aware of 2 rates. so all this time we both thinking i'm getting £50+ a week.Huge communication mix up on her part, And my anxiety was high at the time being on the bus. All i heard was standard rate and £50.

But i fill like i should of got points in other areas like

. Reading and understanding signs, symbols and words
8 a. Can read and understand basic and complex written information either unaided or using spectacles or contact lenses. 0 points.
8 b. Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information. 2 points
8 c. Needs prompting to be able to read or understand complex written information. 2 points.
8 d. Needs prompting to be able to read or understand basic written information. 4 points.
8 e. Cannot read or understand signs, symbols or words at all. 8 points.

Because i can read and spell basic words. i can read complex words that i cant spell, But there are complex words i cant read or spell that trip me up alot. Like when i went to the dentist, the women asked if i'm on any medication. I didn't know how to read the name mirtazapine and Escitalopram. So i said i think one of them is called marzipan. She laughed and said that's something you eat, And then said i wish i had some lol.

I run into reading problems when i used to game with friends on teamspeak. Had to ask them how do i read your name which was (gutesork). i would run into issues when playing a game called battlefield 4. Had to ask What the same of this weapon (zuni) id look and look at it but couldn't figure it out. Id read the first 3 letters Zun then replace the z with an (f )or (s) which would spell fun or sun. then i add the letter (i) and come up with suni which would be saying sunny etc :)

Another issue was with a drug i told them i took. Xanax. Never knew how to read that name until i heard about it on the news one time. About how kids were buying xanax from facebook for anxiety. I was thinking what drug is this. Then they show the name and knew it was a benzo. I used to look at that name and read it as (Xan x) or (x ana x)

I fill like i should get some points for this. Or does the fact that i can read some complex words mean i get 0 points?

Another issue was about cooking. i never use the cooker as my mum does  the cooking. They said so you don't cook because i never had to? So in there minds (maybe i can, but not tried). Then asked me what if she go's out. i said she normally gets me something to microwave like burgers in a bun or tinned food. Tho these days she normally bring me back something from KFC or the chip shop. What i didn't tell them was that i prob avoid using the cooker because i ruined a pan 1 time. and 1 time the gas was left on. Was about 7 years ago, And wasn't sure if it was me. So i get ocd about checking if all the tapes are off. Did try to cook using a pressure cooker called instant pot from amazon that cost me £80. But only used it 3 times in the last year. Just added pasta/sauce and water. then press 1 button and come back 4min later and its done. Easy. But when it comes to using a cooker and owen etc, It's not easy for me. Maybe i could learn. But as it stands right now i just cant.

I got 0 points but fill like maybe i should of got one of these
1 b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal. 2 points
1 c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. 2 points
1 d. Needs prompting to be able to either prepare or cook a simple meal. 2 points

They also asked me what time i take my meds. told them i take my mirtazapine at night and my propranolol around 2pm. truth is, when i was on Escitalopram i got to a point where i stopped taking them and had boxes of them in the cupboard. Prob stopped taking them as i got to a point where i don't think ssri's help me at all. i only take the mirtazapine because they help me sleep. It's only pro for me. 
I guess they asked that because of this question

3. Managing therapy or monitoring a health condition.
3 a. Either - (i) does not receive medication or therapy or need to monitor a health condition; or (ii) can manage medication or therapy or monitor a health condition unaided. 0 points

Know this is the bit i find stage. i was awarded 10 points for this.
planning and following journeys. ( Cannnot undertake any journey because it would cause overwhelming psychological distress to the claimant)

And 4 points for this
Engaging with other people face to face.
9 c. Needs social support to be able to engage with other people. 4 points
But 9 d says this

9 d. Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant; or 
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points

So i get 10 points for Cannnot undertake any journey because it would cause overwhelming psychological distress to the claimant). Yet wouldn't that apply to the 9d? where it says Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant.

Because what i have causes me to be less social because of my shallow breathing. Due to how stress and your fight or flight response works. It can be very muting at times on your voice. you can think of things to say but not get the words out. so you say nothing. Or by the time you try to say something that moment passes. Hard to explain unless you suffer with it. Also affects the tone of your voice. Or how loud you speak. And i tend to drink alot when socializing which helps. I suffer with this problem at home and outside. but outside it's when its at its worst.

Even gaming on voice comm's with friends can be a issue unless i get myself to a point where i can. But then you can apply that logic to most things. always about getting yourself to a point. Even doctors appointments i cancel sometimes for another week or so. People i gamed with think i don't like them as i not played with them for years.

Guess i just annoyed that my pip assessment said i had nothing wrong with me then had to take it to a tribunal and went to the effect of showing up just for a extra £22 a week. Money i would of invested to make my situation better. Maybe private treatment like ketamine infusion which is being tested by the NHS for depression. or maybe saved for a car to help get me out. hate public transport.

But what id like to know is if i'm getting the correct amount £22 a week and also is there any other way to appeal? The only thing i could find was something called Employment Appeal Tribunal https://www.gov.uk/courts-tribunals/employment-appeal-tribunal

But id also like to say that based on my  experience. i got the opinion many people don't bother to show up. and they thanked me for showing up and said i did a good job at explaining things. I may of got nothing if didn't show up. They tried to ask me questions in a certain order. But i kinda forced them to listen to my story from when it all started age 12 up to 20. And then they took turns asking me stuff. But once i got home i realized i could of explained things even better because i wasn't fully prepared and went with the flow. So its best to do a pip self test and focus on the questions that affect you. But they will ask you questions in ways that don't show up on the list. like do you read a news paper. how many pages.

I fill like my reading can be a issue at times depending on the situation and the words i come across. But i maybe didn't make that clear to them. Half the words in this post i had to google for the correct spelling :D But it was a learning experience going there.They even picked up on how my lips were dry and offered me water due to dehydration from my anxiety condition. 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You can only appeal to an upper tier tribunal if the first tier made an error of law.  You need to ask tribunal for a statement of reasons, and show this to CAB or similar, or welfare rights, or a solicitor.  

    Otherwise, you can make a new PIP application at any time.  Disability Rights UK site has a good guide to PIP.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good luck
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • YadnadYadnad Member [under moderation] Posts: 2,856 Member [under moderation]
    Matilda said:
    Otherwise, you can make a new PIP application at any time.  
    Yes you can make an application for a change of circumstances. However this will involve another face to face assessment and there are no guarantees that at the end of the day you will get a better award - you may well end up with what you are getting now taken off you.
  • RobstxRobstx Member Posts: 2 Listener
    Matilda said:
    You can only appeal to an upper tier tribunal if the first tier made an error of law.  You need to ask tribunal for a statement of reasons, and show this to CAB or similar, or welfare rights, or a solicitor.  

    Otherwise, you can make a new PIP application at any time.  Disability Rights UK site has a good guide to PIP.
    Ok thanks. Looks like i got some thinking to do. I was reading i would need to appeal with in 1 calendar month. They gave me there decision on the day i saw  them. 18th July. So looks like i'm to late to appeal.

    Also got a letter today saying i be getting £830 backdated payment this week. Maybe i just make a new PIP claim at some point and also see a psychologist in the mean time, which mite give me extra ammunition. I had to rely on my doctors report which listed my history of meds and problems etc
  • mikehughescqmikehughescq Member Posts: 5,781 Disability Gamechanger
    Waste of time going for a new claim unless you have identified some flaws in what you submitted first time. Do it the same way and there’s no reason to supppse you won’t get the same outcome. 

    You need to apply for a statement of reasons and record of proceedings before you do anything else. You could then appeal to the upper tribunal on a point of law only. They’re not hard to find but you’ll need face to face advice from someone who could do that. However, an adviser will look at whether you qualify in the first place before pursuing an appeal to UT. 

    Having read your long and articulate post I struggle to see how you could make a case for points on reading and the case for points on cooking isn’t obvious either. 

    You need the SOR and ROP and some face to face advice quickly.


  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I'm not sure but you might be able to make a late appeal.  Scope Helpline probably would know the answer or if not would know who could give you the answer.
  • mikehughescqmikehughescq Member Posts: 5,781 Disability Gamechanger
    There’s no indication that this is a late appeal but even if it were there’s no issue. The special reasons for late appeal rule was abolished long ago so provided a case has demonstrable merit, and DWP don’t object, it will be admitted under the tribunal regs. Bigger concern here is that based on the OPs the points are not screamingly obvious. 
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