PIP Tribunal - Awarded less than expected. — Scope | Disability forum
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PIP Tribunal - Awarded less than expected.

Eva
Eva Community member Posts: 5 Listener
Hi

I'm new to this site so please bear with me and sorry in advance for length of post. I had my PIP Tribunal this week after DWP awarded me 0 points for both daily living and mobility for my uncontrolled Epilepsy which I have had for over 25 years. I've never claimed DLA and this was my first PIP claim. I've waited over a year for the hearing. 

DWP's final decision said they were prepared to offer me 12 points enhanced mobility but hadn't as I had believed I was entitled to the enhanced daily living element. The Tribunal was awful. The panel seemed to give more weight to DWP's evidence despite being provided with my entire medical records and made inappropriate comments. They felt I did not require care as I study (I have a non-medical helper at all times), that I was previously capable of employment until my seizures were too bad and that I was suitably dressed with hair done? 

I was helped prior to arrival with these things as in the days leading up to the Tribunal I'd had multiple seizures which had caused me to injure myself but I did not have the opportunity to say about the dressing element although they were informed I had been unwell with seizures. 

They awarded me the same as DWP were offering in the end - enhanced mobility, 12 points but 7 points for daily living as they said 'I did not require care'. My grounds of appeal cited recent case law and that my Epilepsy affects me for greater than 50% of my days so I am unsure if they have looked at this.

I asked for a Statement of Reasons and the Judge became rather angry saying she could not give it, I would have to write off for one but in doing so my award could be taken away along with backpay and DWP could appeal. Could anyone please advise on what to do as I don't have any law centres near me. Many thanks. 

Comments

  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    Sorry you’v had such an awful time

    maybe @Username_removed or @CockneyRebel can help with your question.

    Take care
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    I don't think your award could be taken away just because you have asked asked for a statement of reasons. I assume the judge meant that an upper tier tribunal could remove your award if you were to appeal to one.

    I hope that @BenefitsTrainingCo will answer your questions.
  • Eva
    Eva Community member Posts: 5 Listener
    Thanks @susan48. Any advice would be appreciated as I'm torn at the moment. 
  • Eva
    Eva Community member Posts: 5 Listener
    Hi @Matilda. I was unsure how to interpret it as was my companion. When I tried to ask 'how can I have no daily living element as I need that in order to use the mobility to leave my home - if I can leave the house? ', she just became more abrasive so I said thank you and left. 
  • Eva
    Eva Community member Posts: 5 Listener
    Thanks @Username_removed. My Grounds of Appeal specifically with each activity stated why I could not do things in a reasonable, reliable and safe manner and I stated what points I believed applied as opposed to the initial 0 in each case by DWP. At no time during the Tribunal was reference made to these Grounds by the panel - only the DWP bundle. 

    I had no official representation on the day, just a family friend as local advice centres said that they did not offer a service for such. They advised if I did not get what I was entitled to, or understand to request the SoR which was my reason for doing so at the end. 

    I live in Northants. I have already contacted CAB and other local advice places but to no avail. Other places say I am out of their catchment area to help unless it is a UT matter then I may get legal aid for them to help? 

    I think my main worry was it was made to sound by applying for a SoR, I could lose my entitlement with one year's back pay which is rather substantial. In addition, if I were to obtain it, the lack of resource to help me ascertain if any errors of law have occurred. 
  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    Hello I went to my tribunal for pip yesterday and I had my result back I had 7 points on daily living and 0 on mobility but before I went there my original points was 2 daily living 4 mobility they took points away from mobility there tribunal can they do that I'm not happy ? 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited November 2018
    @Rickyboy123

    A tribunal can take points away.  You can ask for a statement of reasons why they awarded what they did.  And show this to CAB our local authority welfare rights to see if judge made an error of law - in which case you could appeal to an upper tribunal.

    You can make a new claim for PIP as soon as you like.
  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    Yea I think there is a error cause capita awarded 4 points on mobility and 2 on daily living now I got 7 daily living 0 mobility I'm happy with the 7 but the 4 that got took away and 2 should of stayed the same if capita granted me 4 and 2 they ovousaly had evidence so the court was wrong there higher than capita they shouldn't of took the points away as I do struggle with mobility are my right what I'm saying plus capita are in the wrong cause my health professional wrote to them saying if you need more evidence he will write more but capita never emailed or asked so are my in right or are they 
  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    Since 2016 my health professional said they never wrote to him asking 
  • poppy123456
    poppy123456 Community member Posts: 53,320 Disability Gamechanger
    If they hadn't have taken the 4 points away and awarded you zero extra points on mobility then you still wouldn't have had enough points for an award because you need at least 8, as you only received 7 in the daily living part then that's still 1 point short of the award.

    You need to request the statement of reasons and record of proceedings from HMCTS within 28 days. From this you'll need to find an error in law in making the decision. With this error it's the end of the road for this claim, i'm afraid.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    Yea I think there is a error cause capita awarded 4 points on mobility and 2 on daily living now I got 7 daily living 0 mobility I'm happy with the 7 but the 4 that got took away and 2 should of stayed the same if capita granted me 4 and 2 they ovousaly had evidence so the court was wrong there higher than capita they shouldn't of took the points away as I do struggle with mobility are my right what I'm saying plus capita are in the wrong cause my health professional wrote to them saying if you need more evidence he will write more but capita never emailed or asked so are my in right or are they 
    Personally I can't see the issue here. A Tribunal has decided that you are not entitled to any award for care or mobility
    It doesn't matter if you received 4 points or 0 points you will not get an award. For all intents and purposes if you received 7 points each for care and mobility the end result will not change.

    You need a minimum of 8 points to get a standard award and 12 or more for an enhanced award.

  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    Yea I know but if they didn't take my 2 pints away from daily living I would of had 9 in daily living and 4 on mobility sorry if I confused you guys
  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    That's what I'm trying to say I know you need 8 but if they kept the 2 and my 7 I had now I would of had it
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    You don't go to a Tribunal with points already in the bag as you seem to think. The tribunal can decide something totally different and are not governed by what the DWP awarded first time around.
  • poppy123456
    poppy123456 Community member Posts: 53,320 Disability Gamechanger
    That's what I'm trying to say I know you need 8 but if they kept the 2 and my 7 I had now I would of had it
    Are you saying they took 2 points off a descriptor that you scored points in previously? Which ever way it is then as stated you need to request the statement of reasons and record of proceedings within 28 days. If that error in law hasn't been made then there's nothing further you can do.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Rickyboy123
    Rickyboy123 Community member Posts: 20 Listener
    Thanks and yea
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    As you don't have an award in payment, If you still think you should qualify then there is no waiting time to put in a new claim
    Be all you can be, make  every day count. Namaste

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