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Tribunal

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Mumofzojack
Mumofzojack Community member Posts: 2 Listener
in PIP, DLA, and AA
I finally received my written decision from first tier tribunal Judge 16 weeks late!!!   I have for the past 20+ years including DLA had chronic pain and mobility issues which have worsened over the years.  I was given standard care and high rate mobility which I always have had and was given this until June this year.  However, in October 2018 I received a letter from DWP asking if anything had changed and I said no.  I was then recalled to an assessment and my mobility was lowered to standard rate.   I had to return my motability car in January for the first time in 20+ years and I am now housebound.   The tribunal came to the same decision.   
I am going to apply for an Upper Tribunal as I feel the decision is wrong and that the Judge did not listen to me or would not let me explain anything or let my sister (who was with me) speak.
Is it worth my while to apply for this or should I just make another claim for PIP?
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  • poppy123456
    poppy123456 Community member Posts: 54,051 Disability Gamechanger
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    Hi,

    Your first step is to request the statement of reasons and record of proceedings and you have 1 month from the date of the decision to request this.

    Once you receive these and there's no timescales how long it will take to receive them you then have to find someone to find the error in law. If there's no error in law made then you won't be able to take this any further.

    You can email the Tribunal to request both of those.

    If you already have a PIP award then you won't be able to make another claim. You will be able to put in a change of circumstances for a worsening of condition but do be aware by doing this you do risk losing everything you already have. Before you do this i'd advise you to get some expert face to face advice. This link will help you find what's available in your local area.

    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.
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Hi @Mumofzojack and welcome

    The only way to appeal to the UTT is if an error in law can be forund, that may have influenced the decision.
    First you need to apply for the statementr of reason and record of proceedings. You will then need to get trained advice to see if such an error is present.

    If you have an award in payment you cannot submit a new claim

    If your condition has worstened or you have a new condition you can ask for a change in circumstance.

    Failing the above you will have to wait for your next review to try and rectify your situation
    Be all you can be, make  every day count. Namaste
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  • Mumofzojack
    Mumofzojack Community member Posts: 2 Listener
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    I have the reasons in writing and the accompanying CD of the hearing.   I just feel that it wasn't followed correctly.   I may see if I can find someone to look at it.    I have been looking over some Upper Tribunals cases and some argue that the law is unfair.  Even if you cannot state that there is an error in the law of your own case you can still take it to an upper tribunal.
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  • poppy123456
    poppy123456 Community member Posts: 54,051 Disability Gamechanger
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    https://www.gov.uk/administrative-appeals-tribunal

    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.
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  • poppy123456
    poppy123456 Community member Posts: 54,051 Disability Gamechanger
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    @Username_removed will possibly be able to give you further advice but you really do need some exert face to face advice.

    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.
    · Share on FacebookShare on Twitter

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