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PIP tribunal loss what next

  • beverly
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9 years 7 months ago #125513 by beverly
PIP tribunal loss what next was created by beverly
Hi i had my pip tribunal on monday just gone,first mistake i done was fill out the forms myself so it seems they had me for that even though it took me the full time to fill them out and to send back and letters i sent in afterwards went against me and also printing things off the internet seems i had to be totally disabled to even get pip. Second point is my husband couldn.t come with me has he had to watch our son as my daughter couldn.t that day and didn.t know until last minute so my father came. I wasn.t all there in the head that day as had suffered a miscarriage the saturday night before i was also thrown when i went that the dwp was there they said they turn up out of the blue every few cases i was a bag of nerves. My problems are hatd of hearing got 4 points for that 2 for comunicating and 2 for using aids. I.ve got underactive thyroid , ibs, b12, vit d, iron,folic and a few other dificencys which cause me no end of problems its taken many years to be diagnosed with these i.ve suffered all these years but last 9 /10 months have been the worst . 2 wks to the day of starting my meds i suffered pins and needles constantly in hands arms feet legs that turns into burning sensations and also electric shock pains through body. I suffer from muscle weakness and muscle aches, sleeplessness headaches memory fog forgetfullness which they think is nothing cause i passed a dymensia test at the doctors. I don.t think they.ve taken my medical records into account their doctor was sitting there and smirking when i was telling him how i.ve been and affected by this you could tell they didn.t believe me cause hyporthyroid is not classed as a illness enough and doctors don.t know enough about the affects on our body . They should of had a specialist there in thyroid not what was there cab thought i should of got help for preparing food etc but they told me to do things other ways like make smaller meals instead of one go i.ve a bloody large family.its my own fault i hate making out that i can.t cope and got defencive and instead of making myself look bad i tried to make out i wasn.t as bad as i am cause i feel a failure. So is it worth claiming again after a year this as taken i don.t know what to do was hoping i could appeal their decision but don.t know enough on how to do this thanks for any help

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9 years 7 months ago #125516 by Gordon
Replied by Gordon on topic PIP tribunal loss what next
Beverly

In principle you can appeal the Tribunals Decision but only because there has been an Error of Law not because you disagree with their Decision.

What is an Error of Law?

If you think that was such an Error then the first stage to your appealing is to request a Statement of Reasons from the Judge

What is an Error of Law?

From your post you seem to have scored 8 points so were you appealing a Standard rate Living award for an Enhanced one?

You mention that you conditions have deteriorated recently, the Tribunal can only consider your condition as it was at the time of the assessment, any change that has occurred since is outside the scope of the Tribunal.

If you have no award then you can make a new claim, if you have an award then you can ask to be re-assessed on the basis that your conditions have deteriorated, but you should look carefully at where and whether you would score the extra points, as this will be a new Decision and can remove your existing award as well as make a higher one.

For more information about appealing the Upper Tribunal have a look at the following

www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision

and if you have any further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • beverly
  • Topic Author
9 years 7 months ago #125517 by beverly
Replied by beverly on topic PIP tribunal loss what next
Ok thanks i.ve only scored 4 points will have a look at the link now

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  • beverly
  • Topic Author
9 years 7 months ago #125520 by beverly
Replied by beverly on topic PIP tribunal loss what next
So what if i feel that they didn.t take into account all my medical evidence how do i know if they did , also how do i know this doctor knew enough about my condition for him to give advice people with my illness have enough problems with our own gp.s giving us the right treatment . Perhaps i.m just angry at the way i was treated . I didn.t like being told why i couldn.t go places i don.t know on my own if i can use a sat nav thanks for your advice.

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9 years 7 months ago #125523 by Gordon
Replied by Gordon on topic PIP tribunal loss what next
Beverly

The Statement of Reasons will explain how the panel came to their Decision.

Whilst they must consider all of your evidence they are entitled to decide what weight they assign to it, unfortunately this means that they can draw different conclusions from it than you intended, the test is whether a reasonable person would have come to a similar conclusion.

In a similar vein, the doctor on the panel is not required to have a detailed knowledge of your conditions, unless you can show that their knowledge was fundamentally flawed in regard to how your conditions might affect you, you are unlikely to be success in disputing this area.

Whilst many of our members have been successful in appealing the Upper Tribunal, wherever possible we recommend that they get face to face advice if they are able as Legal Aid is available.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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