Unsuccessful tribunal

Hi everyone I've been a long time reader but this is my first post.

I feel really let down by the government, I used to believe that if you fall on hard times that you would get the help you need but that hope has been shattered now.

I followed all the guides and had two forms of medical evidence that proved the extent of my illness but even so this was not enough.

I scored 6 for daily living and 4 for mobility.

The tribunal was extremely intimidating and at multiple times I was made to feel stupid.
It really felt like I was on trial for a crime of being disabled.

I'm not saying all tribunal experiences are like this and I certainly wouldn't want to scare anyone going to tribunal.
I don't think they could quite grasp the fact that what I can do one day I can't do the next even though I had medical evidence showing this.
The thing that upsets me is all the wasted time and effort just to be basically called a liar and lazy.

Hi,

Welcome to Benefits and Work Forum !


If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

---

I am sorry that your first post what not to inform us of a successful appeal !!!

There is nothing to stop you making a fresh claim for PIP ASAP !

Whether you take up that option or not, you could consider trying to appeal The First Tier Tribunal (FTT) Decision to The Upper Tier Tribunal (UTT) if you feel that they have erred in law in coming to their decision.

What is an Error of Law?

“Errors of Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Your first step in this process would be to make a written request to The FTT for a Statement of Reasons. (S of R)

Tribunals – Requesting a Statement of Reasons

This must be posted to arrive at The FTT no later than one month after the date of The FTT Decision Notice :

Sending Documents to the DWP or The FTT.

See also : Appealing to The Upper Tier, DR UK Factsheet

Legal Aid is available for UTT Appeals.

I don't know where you live, but here is information for : For London and the South East - the Midlands and the East of England Law Centres Networks.

If you don't live in any of those areas they may be able to point you in the right direction.

Failing that, try putting Welfare Rights/Advice for your Town/Postcode into Google.

Appellants seldom have to appear in person at UTT Hearings.

UTT's do not generally change a decision themselves, but refer the decision back to The FTT with directions for a fresh hearing.

Appealing to The UTT will not in itself result in any payments.

You should be aware that if you make a fresh PIP claim and appeal to The UTT, that any decision made as a result of a fresh claim would supercede any successful decision made as a result of a UTT Hearing/Fresh FTT Hearing.

e.g. Fresh claim results in standard awards for "both".

UTT hearing results in enhanced awards for "both".

UTT enhanced awards would only run from the time of the original adverse decision appealed to The FTT until the date of the superceding fresh PIP decision.

Of course, this could work the other way round as well.

Please reply to this topic if you have any further queries.

bro58

bro58 wrote: Hi,

Welcome to Benefits and Work Forum !


If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

---

I am sorry that your first post what not to inform us of a successful appeal !!!

There is nothing to stop you making a fresh claim for PIP ASAP !

Whether you take up that option or not, you could consider trying to appeal The First Tier Tribunal (FTT) Decision to The Upper Tier Tribunal (UTT) if you feel that they have erred in law in coming to their decision.

What is an Error of Law?

“Errors of Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Your first step in this process would be to make a written request to The FTT for a Statement of Reasons. (S of R)

Tribunals – Requesting a Statement of Reasons

This must be posted to arrive at The FTT no later than one month after the date of The FTT Decision Notice :

Sending Documents to the DWP or The FTT.

See also : Appealing to The Upper Tier, DR UK Factsheet

Legal Aid is available for UTT Appeals.

I don't know where you live, but here is information for : For London and the South East - the Midlands and the East of England Law Centres Networks.

If you don't live in any of those areas they may be able to point you in the right direction.

Failing that, try putting Welfare Rights/Advice for your Town/Postcode into Google.

Appellants seldom have to appear in person at UTT Hearings.

UTT's do not generally change a decision themselves, but refer the decision back to The FTT with directions for a fresh hearing.

Appealing to The UTT will not in itself result in any payments.

You should be aware that if you make a fresh PIP claim and appeal to The UTT, that any decision made as a result of a fresh claim would supercede any successful decision made as a result of a UTT Hearing/Fresh FTT Hearing.

e.g. Fresh claim results in standard awards for "both".

UTT hearing results in enhanced awards for "both".

UTT enhanced awards would only run from the time of the original adverse decision appealed to The FTT until the date of the superceding fresh PIP decision.

Of course, this could work the other way round as well.

Please reply to this topic if you have any further queries.

bro58

Hi T,

Just to add,

If you were unhappy with the way that FTT Panel dealt with you, you could make a complaint as a totally separate issue to anything else :

Complaining to the Tribunal Service

bro58

Thank you bro58 I will definitely write to the tribunal service to ask for the reasons why the decision was not changed.
It was one of the things that struck me was that there was no explanation for why my decision had not changed.

I've been house bound most days for the past year and it was a big ordeal for me to get to the tribunal service.

I hope my condition gets better and I don't need to rely on others for help.

As stressful as all this has been it would have been even more stressful with out this website thank you for all you do.

Tombo wrote: Thank you bro58 I will definitely write to the tribunal service to ask for the reasons why the decision was not changed.
It was one of the things that struck me was that there was no explanation for why my decision had not changed.

I've been house bound most days for the past year and it was a big ordeal for me to get to the tribunal service.

I hope my condition gets better and I don't need to rely on others for help.

As stressful as all this has been it would have been even more stressful with out this website thank you for all you do.

Hi T,

You're welcome !

The FTT Decision Notice should give basic information on how/why they came to their decision.

The S of R should give much more detail.

Failure to fully/properly explain how/why they came to their decision can be classed as an Error of Law.

There should also be a Record of Proceeding (R of P)

Once you have requested the S of R and R of P within the one month deadline you should try and gain professional support, if at all possible.

Good luck and please keep us updated.

bro58

Tombo hi, I've encountered those "holier than thou" tribunal members who think it's their duty to undermine, belittle, and generally try to upset you with their distrust instead of trying to establish the facts and background of the case from the "horses mouth" . They fail to understand that the majority of us have let down by the system to every degree that is how and why we end up at tribunals as a LAST RESORT and therefore they should try to be more humane and show some well needed compassion, on the other hand they are some decent and civilised and very learned people who sit at these tribunals, best of luck for any further appearancesTombo