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PIP Tribunal fail

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8 years 11 months ago - 8 years 11 months ago #135601 by Elizabeth
PIP Tribunal fail was created by Elizabeth
Hi all, I was wondering if anyone could offer me advice. I recently had a failed tribunal to step from DLA to PIP. Because of this my income has dropped dramatically as they have now just stopped the disability element of my ESA (support group) so now my weekly income is £110. How on earth do I survive on this ? Is there anything else I can claim for to help finacially please?
Elizabeth
Last edit: 8 years 11 months ago by slugsta.

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8 years 11 months ago #135636 by slugsta
Replied by slugsta on topic PIP Tribunal fail
Hi Elizabeth,

I am sorry that you are having such a difficult time :(

There are several avenues you can explore -

You can reapply for PIP

You can ask the Tribunal Service for a Statement of Reasons for their decision. You must do this within 1 month of the date on the decision letter. If an 'Error in Law' can be found, you might be able to progress your claim to the Upper Tier Tribunal.

What is an Error of Law?

What is an Error of Law?

You could actually reapply and take this further but the decision on the new claim would override the UT tribunal decision which might not be to your advantage.

You can look at a website such as turn2us to see if there is anything else you might be able to claim.

turn2us

Please comeback and ask further questions when you have an idea of what you would like to do :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Elizabeth

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8 years 11 months ago - 8 years 11 months ago #135864 by Elizabeth
Replied by Elizabeth on topic PIP Tribunal fail
Hi ,
I recently have been all the way to tribunal for PIP from DLA. And failed to get an award. My CAB advisor wants me to reapply from scratch as she feels my form was not adequately filled in with me with the help from a volunteer. I dont know if I can go through that awful degrading ordeal again. Is it worth trying a new claim ? has anyone been successful second time around?
Any advice would be so much appreciated please .
Last edit: 8 years 11 months ago by bro58.

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8 years 11 months ago - 8 years 11 months ago #135867 by Elizabeth
Replied by Elizabeth on topic PIP Tribunal fail
Thank you for your help. I have decided to re apply for PIP, but i am too late to ask for a statement of decision on my last tribunal. Do they use the previous information when they are looking at a new claim please?
Last edit: 8 years 11 months ago by bro58.

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  • bro58
8 years 11 months ago - 8 years 11 months ago #135875 by bro58
Replied by bro58 on topic PIP Tribunal fail

Elizabeth wrote: Hi ,
I recently have been all the way to tribunal for PIP from DLA. And failed to get an award. My CAB advisor wants me to reapply from scratch as she feels my form was not adequately filled in with me with the help from a volunteer. I dont know if I can go through that awful degrading ordeal again. Is it worth trying a new claim ? has anyone been successful second time around?
Any advice would be so much appreciated please .


Hi E,

Just looked at your other post : Here.

I cannot recall any positive or negative feedback from members where they have made a fresh claim for PIP after they have been denied it previously.

This maybe because PIP is still a relatively new benefit, and there have not been that many PIP appeals yet.

There is nothing to stop you making a fresh PIP claim, and there is no reason why you should not be successful 2nd time round.

Sometimes, the reasons for not gaining a PIP award aren't always due to the claimant not suffering the limitations/disabilities that should give them an award, it can be down to the way their application/evidence is presented.

I know of people who have had to make several claims for DLA or ESA in the past before being successful.

If you medical conditions and resulting limitations/disabilities have changed since your last application that could also help.

See : PIP Claims Guide. (2nd Link on page)

&

PIP Self Test

bro58
Last edit: 8 years 11 months ago by bro58.

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  • bro58
8 years 11 months ago #135876 by bro58
Replied by bro58 on topic PIP Tribunal fail

Elizabeth wrote: Thank you for your help. I have decided to re apply for PIP, but i am too late to ask for a statement of decision on my last tribunal. Do they use the previous information when they are looking at a new claim please?


Hi E,

If you make a fresh claim for PIP and present fresh evidence, the DWP should look at your fresh claim with a fresh "pair of eyes".

bro58

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