Appealing to the Upper Tribunal (PIP)

PalomaPyjama82
PalomaPyjama82 Online Community Member Posts: 11 Listener
edited October 2023 in PIP, DLA, ADP and AA
Does anyone know if you can change what you submitted when applying to get an appeal decision overturned if the courts service refuse permission and you have to apply directly to the upper court? Can you strengthen the document submitted or do you have to submit the same thing again?

Comments

  • bg844
    bg844 Online Community Member Posts: 3,909 Championing
    Upper Tribunal is complicated. You will need expert advice on this going forward:
    https://advicelocal.uk/
  • PalomaPyjama82
    PalomaPyjama82 Online Community Member Posts: 11 Listener
    I'm working with a lawyer but he probably won't be able to get back to me for a few days. I'm just really keen to know so I can start making plans as that helps reduce the anxiety.
  • chiarieds
    chiarieds Online Community Member Posts: 17,155 Championing
    Welcome to the community @PalomaPyjama82 - If you're working with a lawyer, then I'd be guided by them, as they will need to find an error in law for you to proceed (& one that 'may' alter your current PIP award).
  • Rosie_Scope
    Rosie_Scope Posts: 6,558 Scope Online Community Coordinator
    Hi @PalomaPyjama82, sorry you're having an anxious time with your tribunal. It does sound like it would be wise to wait for your lawyer's response, I know that must be really hard and much easier said than done! 

    Maybe some of our members might be able to offer some more solid advice, but I hope you're able to get some answers soon.

    Let us know how you get on!
  • PalomaPyjama82
    PalomaPyjama82 Online Community Member Posts: 11 Listener
    Thanks - he already identified many errors of law (he picked the top 5 and we submitted those). But now they've said they've refused to allow the challenge we have to apply straight to the upper tribunal. I'm just wondering if it would strengthen the case to add more (or if that's even allowed). My lawyer will probably reply on Monday but I just hate feeling like I don't know what the position is. But I'll wait if I have to! It's been over 2 years since I applied so it's frustrating always having these delays but I accept it's just part of the process (and one of the delays was because of my own health issues - I was grateful they extended the deadline for me).
  • Rosie_Scope
    Rosie_Scope Posts: 6,558 Scope Online Community Coordinator
    Ah yes, @PalomaPyjama82 waiting is horrible and can take a huge toll on the old mental health, but fingers crossed things start moving for you soon!  :)
  • PalomaPyjama82
    PalomaPyjama82 Online Community Member Posts: 11 Listener
    Thanks Rosie :)

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