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turned down at appeal for pip
- lozzy0506
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9 years 6 months ago #147046 by lozzy0506
turned down at appeal for pip was created by lozzy0506
hi can anyone help , i have looked through the forum and cant find any answers , my husband has his pip appeal on 28 decemebr and has been turned down , it was a paper based appeal due to him having agoraphobia , it was a long process and the original application was submitted in 2014 , but due to lost paperwork 5 mandatry reconsiderations because of paperwork being lost , then we were given some one elses paperwork instead of our own ,this was submitted to court , all they had done was change the name on the other persons aperwork and said it was my husband we have submitted a compliant to the ombudsan re paperwork but they are that inundated with complaints it wont be ooked at till roughly may 2016, we rubbished the medical report , sent in hspital letters stating hubby had appointments over the hone due to anxiety and depression and panic attacks , he has level 2/3 hypertension , a bad heart fybromyalgia, a stomach ulcer, bad legs due to having legs crushed at work, but they only awaded him 4 points , and the court have stoood by this decision, what can we do now if anything to appeal against the appeal decision
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- foss27
9 years 6 months ago #147056 by foss27
Replied by foss27 on topic turned down at appeal for pip
Hi
You can take this to an upper level tribunal.
They only accept cases if there is a legal flaw. Fabricating the evidence qualifies, I think.
You need to apply for leave to appeal to the upper level tribunal but if it is refused you can appeal against that.
You are entitled to legal aid for the upper level if you qualify.
You can take this to an upper level tribunal.
They only accept cases if there is a legal flaw. Fabricating the evidence qualifies, I think.
You need to apply for leave to appeal to the upper level tribunal but if it is refused you can appeal against that.
You are entitled to legal aid for the upper level if you qualify.
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- Gordon
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9 years 6 months ago #147066 by Gordon
Forgive me but why do you think the report is for another person? You say that it had the right name, were the other details correct as well?
Did you tell the Tribunal that you believe that the report was for another person? What was their response?
Without proof that the report was for someone else it is unlikely that the panel will have erred in accepting it as for your husband.
In order to pursue an appeal to the Upper Tribunal you must first request a Statement of Reasons from the Judge and then show that there has been an Error of Law, see
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If you can try and get face to face advice, Legal Aid is available for UTT Appeals. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic turned down at appeal for pip
lozzy0506 wrote: hi can anyone help , i have looked through the forum and cant find any answers , my husband has his pip appeal on 28 decemebr and has been turned down , it was a paper based appeal due to him having agoraphobia , it was a long process and the original application was submitted in 2014 , but due to lost paperwork 5 mandatry reconsiderations because of paperwork being lost , then we were given some one elses paperwork instead of our own ,this was submitted to court , all they had done was change the name on the other persons aperwork and said it was my husband we have submitted a compliant to the ombudsan re paperwork but they are that inundated with complaints it wont be ooked at till roughly may 2016, we rubbished the medical report , sent in hspital letters stating hubby had appointments over the hone due to anxiety and depression and panic attacks , he has level 2/3 hypertension , a bad heart fybromyalgia, a stomach ulcer, bad legs due to having legs crushed at work, but they only awaded him 4 points , and the court have stoood by this decision, what can we do now if anything to appeal against the appeal decision
Forgive me but why do you think the report is for another person? You say that it had the right name, were the other details correct as well?
Did you tell the Tribunal that you believe that the report was for another person? What was their response?
Without proof that the report was for someone else it is unlikely that the panel will have erred in accepting it as for your husband.
In order to pursue an appeal to the Upper Tribunal you must first request a Statement of Reasons from the Judge and then show that there has been an Error of Law, see
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If you can try and get face to face advice, Legal Aid is available for UTT Appeals. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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