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pip claim appeal
- rose
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8 years 9 months ago - 8 years 9 months ago #138239 by rose
Replied by rose on topic pip claim appeal
Thank you for your replys. Just wanted make it clear, I did send in plenty of evidence. 2 GPS letter s. Explain diagnosis and symptoms long term. Also im diagnosed with chronic fatigue syndrome now.
The welfare rights advisor assured me I had a very good case and I would win the points. He assured me he would collect the medical report before the appeal. I asked him to prospone the appeal as I didn't have all the evidencein time. He refused that saying I can't. Now I need to attend. They did not even give me 2 weeks to get it in. Just one week it as rushed. I informed the tribunal I was away the week before, gave them plenty of notice. They approved it is v unfair.
So now I failed it and got 0 points still on all the descriptors. It does not make sense at all. I can only think that I didn't have a psychiatrist report. I could not be reffered because of the cut backs g.p. said.in mental health referrels. I feel this is all v unfair and been set up to fail me. I did follow your guides also.
So where do I go from here is it best to go to upper tribunal. How long does it take though, I been told it can take a year. I can't go through another year of this. My welfare rep is just dragging it out. He says he wants dispute it. Should I just apply again, any tips on getting help. Next time should I follow our guide s. Where did I go wrong mid out on guides then. Any help thanks.
The welfare rights advisor assured me I had a very good case and I would win the points. He assured me he would collect the medical report before the appeal. I asked him to prospone the appeal as I didn't have all the evidencein time. He refused that saying I can't. Now I need to attend. They did not even give me 2 weeks to get it in. Just one week it as rushed. I informed the tribunal I was away the week before, gave them plenty of notice. They approved it is v unfair.
So now I failed it and got 0 points still on all the descriptors. It does not make sense at all. I can only think that I didn't have a psychiatrist report. I could not be reffered because of the cut backs g.p. said.in mental health referrels. I feel this is all v unfair and been set up to fail me. I did follow your guides also.
So where do I go from here is it best to go to upper tribunal. How long does it take though, I been told it can take a year. I can't go through another year of this. My welfare rep is just dragging it out. He says he wants dispute it. Should I just apply again, any tips on getting help. Next time should I follow our guide s. Where did I go wrong mid out on guides then. Any help thanks.
Last edit: 8 years 9 months ago by .
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- Gordon
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8 years 9 months ago #138250 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip and esa help appeal
Nicola
I'm afraid your options are extremely limited.
As previously advised, you can only appeal to the Upper Tier Tribunal because you believe there has been an Error of Law , not because you disagree with the Decision. The first stage of the process is to request a Statement of Reasons from the judge of your hearing.
A UTT appeal can take the best part of a year and will most likely result in a new First Tier Tribunal hearing being convened if successful, which can still make no award. You will not be paid whilst you wait for a Decision.
You can make a new claim for ESA but as you were found Fit for Work you will not be paid unless you can show that you have a new condition or that there has been a documented deterioration in your condition likely to lead to an award or an award of ESA is made.
Gordon
I'm afraid your options are extremely limited.
As previously advised, you can only appeal to the Upper Tier Tribunal because you believe there has been an Error of Law , not because you disagree with the Decision. The first stage of the process is to request a Statement of Reasons from the judge of your hearing.
A UTT appeal can take the best part of a year and will most likely result in a new First Tier Tribunal hearing being convened if successful, which can still make no award. You will not be paid whilst you wait for a Decision.
You can make a new claim for ESA but as you were found Fit for Work you will not be paid unless you can show that you have a new condition or that there has been a documented deterioration in your condition likely to lead to an award or an award of ESA is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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