5 points at tribunal, can I appeal?
shirley66
Community member Posts: 5 Listener
I have been to my pip tribunal today and was refused it only got 5 points even though I can hardly walk been diagnosed with fibromyalgia and housebound most of the time can I appeal hearing
Comments
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Hi @shirley66
Around 69% of people win their First-tier Tribunal (FTT) but if you disagree with the First-tier Tribunal decision, you can appeal to the Upper Tribunal.
If you are eligible for legal help on income grounds, you may find a trained legal adviser or a solicitor to help with an appeal to the Upper Tribunal.- Civil Legal Advice can help you find a local legal service or solicitor. It can also check if you can get legal aid.
- The Law Centres Network has a list of law centres with a Legal Aid Contract for this work.
- Scope is not qualified to offer this level of advice.
An appeal to the Upper Tribunal is likely to take about a year. You might want to consider:- making a new claim for the benefit you are trying to get
- asking for another review of the current level of entitlement to that benefit.
It’s possible to appeal to the Upper Tribunal without legal representation. Find more about finding legal advice, which also links to resources about self-representation.
Read more at https://www.scope.org.uk/Support/Disabled-people/benefits/DWP-benefits-appeals/Upper-Tribunal#4527xvhWTbcb7Hvz.99
Scope
Senior online community officer -
Scope
Senior online community officer -
Can I get a new claim and still appeal
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Yes.
Disability Rights UK site has a good guide to all stages of PIP.
And try to get some f2f advice from CAB or similar. -
You can appeal but I don't think it will change that's my opinion
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jim1074 said:You can appeal but I don't think it will change that's my opinion
Now thinking of putting in a new claim? The first thing that the DWP will do is look at the Tribunal decision!
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My citizens advice adviser is wanting tribunal set aside and have a new one as they didn’t record it
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Leave it to her weather they will set it aside I have my doubts because I believe they only set it aside if its to do with a point of law
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Get some legal advice snd i can tell you from our view and the issues we have had with my partners pip and his appeal which he won but have had 14 months of waiting to be taken to upper tribunal which as just been pulled by the dwp nothing us strainght forward with the dwp they are always moving the goal post
They owe us 2 yrs back money and i have be warned that we may have to reclaim even through we still have 13 months left on award see goal post moved again -
Thank you Sam-Scope for your video https://youtu.be/1V3vFpXt3rY
Glad to see 65% cases have won PIP. But it is not fair that's these claimants have to suffering more to go through to court to get what it is the right for them.
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Kafoleg said:
Glad to see 65% cases have won PIP. But it is not fair that's these claimants have to suffering more to go through to court to get what it is the right for them.
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Update first tribunal was set aside second tribunal awarded me 8 points for care from October to April so I will get money backdated
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Username_removed said:It is a cultural issue within DWP whereby decision makers accept too many HCP reports with obvious flaws.
If that then is the crux of the problem the DWP already have in place a system whereby they can refer the report back either for re-work or for a new face to face assessment to be carried out.
I presume that the time allocated to a decision maker to clear x number of cases a day plays some part of this.
As an aside. I can recall that in 2008/2009 the government insisted that officers (Official Receiver) like myself had to double the output of cases from 12 to 24 a month. You could only do that if you worked a consistent overtime schedule (for no pay) or cut back on the time spent on each case thereby not picking up on the things you were paid to pick up on. I had to use an extremely broad brush!
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