2nd time in 1st tier Tribunal Hearing

JoaoP
JoaoP Online Community Member Posts: 5 Listener
in PIP, DLA, and AA

Hi all,

I'm sharing my story to raise awareness about the flawed system I'm facing with my Personal Independence Payment (PIP) claim.

🚨 Here’s what happened:
At my first First-tier Tribunal hearing, I was awarded 6 points—not enough for PIP, but at least some recognition of my health struggles. I appealed this decision, and thankfully, the Upper Tribunal saw the errors in law and sent my case back for a fresh hearing.

But instead of justice, things got worse...
At my new First-tier Tribunal hearing, despite having won my appeal and providing even more evidence, I was only awarded 2 points! 😡 This decision is not only frustrating—it's completely unfounded and ignores the diagnoses, evidence, and even the Upper Tribunal’s previous ruling!

📢 I won in the Upper Tribunal, but the new tribunal panel still ignored the legal instructions and the facts of my case! My conditions haven’t improved, yet they’ve awarded me fewer points. How is this fair?

This has been an incredibly stressful and disheartening journey, and I’m left feeling like the system is failing those who need support the most. I won’t give up—my fight for the support I deserve continues! 💪

Comments

  • Adrian_Scope
    Adrian_Scope Posts: 11,669 Online Community Programme Lead

    Good morning @JoaoP

    Thank you so much for sharing your story. It’s quite shocking that after scoring 6 points at the first tribunal, going on to win the Upper Tribunal, you were then awarded even less points at the new First Tier.

    Have you had any help challenging your PIP decision?

    I can only imagine how frustrating and stressful this has all been for you. Sadly, you're not alone in having to fight so hard and I’ve heard of many others who’ve gone through similar.

    Have you thought what your next step might be?

  • JoaoP
    JoaoP Online Community Member Posts: 5 Listener

    Hi Adrian

    Thank you so much for your reply yes my next step is appeal off course is been over 2 years of fighting but I won't giveup along I have a change of keep appeal I will do. Does scope have anyone who could help with this please? Any help is appreciated and thankfully.

    Best wishes

    Joao P

  • Adrian_Scope
    Adrian_Scope Posts: 11,669 Online Community Programme Lead

    Hi @JoaoP, our Helpline can give advice but don't do case work I'm afraid.

    Welfare Rights may be your best bet, especially when it comes to Upper Tier tribunals. You can find out what's available in your area by putting your postcode or area into Advicelocal.

  • JoaoP
    JoaoP Online Community Member Posts: 5 Listener

    I have someone from local Citizen advice who helped me through the process with the upper tribunal, he was the person who took my cases to the upper tribunal and won. I have already contacted him again about the case, and he sent me a letter to sign and retake the case to the upper tribunal. Probably your advice/directions would take through him or do you think there is another option I have got? Appreciated Adrian.

  • poppy123456
    poppy123456 Online Community Member Posts: 62,407 Championing
    https://forum.scope.org.uk/discussion/comment/915402#Comment_915402

    I'm surprised to hear that it's someone from Citizens Advice because they don't usually help with Upper Tribunals due to lack of funding.

    If you're not happy with his help then I'd advise Welfare Rights. Upper Tribunals and errors in law are complex and expert advice is really needed here. If you're happy with the help you're currently receiving then I would stick with that. The person that's helping you will know everything about your case so you should speak to him.

  • JoaoP
    JoaoP Online Community Member Posts: 5 Listener

    Thank you so much 💓 💗 💛 Best wishes

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