pip claim appeal

Hi I hope someone can help the senior advisor needed really. Well its a long story so I will make it short as possible. I'm feeling very overwhelmed as I have mental health problems. Anxiety disorder chronic depression. I applied for pip got refused, went on ask for reconsideration mandatory. My sister helped me fill out the form. She stressed her concerns on my health getting worse. This been going on since last September 2014 applied. I was turned down again they said I didn't have enough evidence. I sent in drs letter of support. Sister as witness, Dr said I as attending councelling psychologist's.The problem is the councillor I see is from a charity outside the NHS. As Dr said be cause of cut backs in NHS referrals they can't refers me to a cpn. I'm better of seeing my councillor charity womankind. I asked womankind to write me a support letter describing my symptoms, anxiety panic attacks I can t manage at home at all well. Daily activities, cooking, I have M.E. also exhaustion having sit lie down in day. Now the councillor has refused me a support letter. As she said its a charity and they cannot do that.

I have now gone to welfare rights, I got a advisor thought he was helping me,as iI went to appeal ttribunal with him. He rushed it up I only had one week not 2 to get my evidence in on time. I ran out of time, as I told Appeal I was away the week before, I gave them notice. They said that's fine. My advisor still went took me in to hearing knowing I didn't have enough evidence. He told me before he needed to get a medical report from my G.P first. As DWP did not even ask for one before. I am getting very emotional about it all. As I was guess what filed again my appeal for pip in the last few weeks. The panel brought me to tears as the ladies was very turning all my words. Question is what shall I do now. He should of prosponed the hearing the welfare advisor surely. Till he asked my G.P for a medial report. G.P luckily is being very supportive and wrote 3 letters, saying my long term conditions. GAD disorder, since 1990, also she said I'm on medication. My symptoms exhausted, also not ready for work. So please help my advisor welfare has put me forward for the next step asked for a statement of reasons at appeal pip. But I don't have much faith in him, as he doesn't follow evidence up, and didn't e in earn me of the question s they would ask me prepare me. Do I need to get a medical report myself from Dr now. Or should I wait see statement of reasons tell the upper court what has happened. As it was a error I feel of law by DWP and advisor. I don't have a psychiatric letter updated, but I have a good friend descriptors he sent in statement. Please help asap. Nicky grateful thanks.

Hi Nicola and Welcome to Benefits and Work

The title of your thread mentions PIP and ESA. Which was the appeal related to?

If the Tribunal found against you, all you can do now is wait for the Statement of Reasons. If the panel made an error in law, you might be able to take this to the Upper Tier Tribunal. However, it is, comparatively, quite unusual for this to happen, most cases end after the First Tier Tribunal.

What is an Error of Law?

If you feel the welfare advisor handled your case badly, this would not count as an Error in Law. You would have to take action separately to complain about him if you want to.

Depending on which benefit you are talking about, and when the first decision was made, you might be able to reclaim straight away.

IPlease reply to this message with clarification and/or other questions and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now

Hi thank you for your quick response. I now realise I was typing quickly before and I wrote to much proberly.

My simple question is it was a pip claim dating back last September 2014 I applied to start. DWP didn't ask my Dr G.P for a functional medical report at all. Do they have to do this, or is it only if they feel they have not got enough evidence.

Or is it that they did this on purpose as a error to my claim. As I thought it was a thing to be done by law to my rights.

Also my Dr said they have not contacted her at all for my medical conditions. Surely this is a error on there part, of which I can let court know its a error of law as all my evidence was recorded in hearing.

I did give 3 letters from Dr stateing my health symptoms etc also statement from a support friend also. Thanks for any information advice. Can be any advisor thanks. As many who want to answer help me would be appreciated.

Can anyone or as many advisors, answer with advice be grateful. Is it best to gain as much evidence follow the rules on here for applying for pip. As I thought I did and my claim was turned down. I had medical evidence to back up my anxiety disorder and chronic fatigue syndrome. I didn't have a psychiatrist, but I hada councillor from charity a psychologist. As of cut backs in cpns I couldn't see one the Dr said they only see emergency now.

So what more evidence would I need. As they did not ask for a medical statement for pip,DWP surely they have to ask for one by law human rights. Is there anything I can do to make sure they obtain new one now from my Dr. She is supporting me and I like to appeal again about this. Awaiting a statement of reasons. I have read the information on here about evidence but still not clear to me. Any advice appreciate thanks from any advisors. thanks.

nicola wrote: Hi thank you for your quick response. I now realise I was typing quickly before and I wrote to much proberly. My simple question is it was a pip claim dating back last September 2014 I applied to start. DWP didn't ask my Dr G.P for a functional medical report at all. Do they have to do this, or is it only if they feel they have not got enough evidence.

Or is it that they did this on purpose as a error to my claim. As I thought it was a thing to be done by law to my rights.

Also my Dr said they have not contacted her at all for my medical conditions. Surely this is a error on there part, of which I can let court know its a error of law as all my evidence was recorded in hearing.

I did give 3 letters from Dr stateing my health symptoms etc also statement from a support friend also. Thanks for any information advice. Can be any advisor thanks. As many who want to answer help me would be appreciated.

Hi n,

"My simple question is it was a pip claim dating back last September 2014 I applied to start. DWP didn't ask my Dr G.P for a functional medical report at all. Do they have to do this, "

No, they do not !

DWP and/or The PIP Assessment Providers (ATOS or Capita) are under no legal obligation to request Further Medical Evidence (FME) from a claimant's G.P. or other treating HCP.

This applies even where the claimant provides an HCP's contact details and requests that they are contacted.

This is why we advise that a claimant should source their own medical evidence and provide it with The PIP 2 Form.

With regards to an "Error of Law", this with with respect to whether a Tribunal Panel have "erred in law" in coming to a decision at an appeal hearing, and cannot be applied to how The DWP or The PIP Assessment Provider conduct themselves.

With respect to a Tribunal only :

“Errors in 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 evaluating whether a Tribunal Panel had erred in law in coming to their decision would be to request a : Written Statement of Reasons within one month of the date of The Tribunal's Decision Notice Letter.

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