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PIP appeal denied

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8 years 2 months ago #151917 by Arantha
PIP appeal denied was created by Arantha
Went with my son for his appeal re PIP refusal back in October.
He has schizophrenia and bi-polar with a medical file that is inches thick. He has attempted suicide several times and cannot be trusted to work with people he doesn't know.

He burst into tears at the tribunal, overwhelmed and struggling but the letter for their decision came today and he has been refused again. It's like they haven't even listened.
I wrote a letter supporting his claim for appeal but they have basically ignored all our evidence.

Can I appeal the appeal decision?

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  • bro58
8 years 2 months ago #151934 by bro58
Replied by bro58 on topic PIP appeal denied
Hi,

Welcome to Benefits and Work :)

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

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


I am sorry to hear that your Son's appeal failed !!! :(

You could look into your options regarding appealing to The Upper Tier Tribunal, (UTT) and if at all possible you should seek professional advice on this from the CAB or the like :

See information regarding gaining advice in : This Topic

I don't know where you live, but if it is in one of the areas covered in the information given in the link below, they may be able to help, or direct you to someone that can :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

Legal Aid is still available for appeals to The UTT.

You first step would be to request a Written Statement of Reasons (S of R) from The Tribunal to gain an explanation of how and why they came to their decision :

Tribunals – Requesting a Statement of Reasons

This must be done within one month of the date of The TS Decision Notice letter that you have received.

Sending Documents to the DWP or The TS.

You or a Rep, would then have to show that The TS had "erred in law" in coming to their decision, in order to appeal to The UTT :

What is an Error of Law?

ERROR IN LAW :

"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.

Or, you can make a fresh claim for PIP as soon as you like.

Or you can seek leave to appeal to The UTT, if applicable, and make a fresh claim for PIP as well.

If you did this, any decision made as a result of the appeal to The UTT would be limited until the date of any decision made as the result of the fresh PIP claim.

i.e. The Tribunal Decision would run from the date of the original adverse PIP decision until the date of the PIP decision as a result of a fresh claim.

PIP Claims Guide. (2nd Link down the page)

How The PIP Points Scoring System Works.

PIP Self Test

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic ! :)

bro58

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