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Advice needed PIP tribunal set aside
- Lisa
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8 years 2 months ago #154537 by Lisa
Advice needed PIP tribunal set aside was created by Lisa
Hi
I have ME/CFS applied for pip for first time last summer got 7pts daily living 10pts mobility. MR hadno change so asked for a oral hearing at tribunal. I couldn't attend tribunal as health got worse so wrote to them week before and said I couldn't attend so the would need to do it based on papers they had been sent. I had been told on phone a family member could not go on my behalf to tribunal as that can only happen in mental health cases.
Letter from tribunal now says appeal refused they come hearing based on my paper evidence. I now have someone who is willing to be my representative it's a family member I have contacted tribunal service and they have said I can request judge sets aside his decision and have a new hearing but that I would have to attend rep cannot go alone. Is this correct?
Is it worth asking for a set aside? Or can I got to upper tribunal?
I have asked for a statement of reasons. Or is best to leave it a few months and asks for an intervention and DWP look at the daily care again. But then I won't get arrears back to last summer.
My main dispute was they gave2ptsfor cooking I haven't cooked a meal for 8years due to fatigue Nd pain but they say I can if I use light weight saucepans and a stool. On no pain killers as GP said I heavily over using them in the past and making condition worse and won't prescribe them now to try and limit my activity.
Just dont know what to do for the best
I have ME/CFS applied for pip for first time last summer got 7pts daily living 10pts mobility. MR hadno change so asked for a oral hearing at tribunal. I couldn't attend tribunal as health got worse so wrote to them week before and said I couldn't attend so the would need to do it based on papers they had been sent. I had been told on phone a family member could not go on my behalf to tribunal as that can only happen in mental health cases.
Letter from tribunal now says appeal refused they come hearing based on my paper evidence. I now have someone who is willing to be my representative it's a family member I have contacted tribunal service and they have said I can request judge sets aside his decision and have a new hearing but that I would have to attend rep cannot go alone. Is this correct?
Is it worth asking for a set aside? Or can I got to upper tribunal?
I have asked for a statement of reasons. Or is best to leave it a few months and asks for an intervention and DWP look at the daily care again. But then I won't get arrears back to last summer.
My main dispute was they gave2ptsfor cooking I haven't cooked a meal for 8years due to fatigue Nd pain but they say I can if I use light weight saucepans and a stool. On no pain killers as GP said I heavily over using them in the past and making condition worse and won't prescribe them now to try and limit my activity.
Just dont know what to do for the best
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8 years 2 months ago - 8 years 2 months ago #154542 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice needed PIP tribunal set aside
Lisa
Sorry to hear that your appeal was unsuccessful.
I would recommend that you get face to face advice from an advisor with experience of PIP appeals, do an internet search for "welfare advice" with your postcode, town or county.
You may be able to request a Set Aside but you will need to show that your appeal was materially affected by your being unable to attend, this is not a given just because you were not there and will be dependant on the Judge who looked at your case agreeing with you.
You can only appeal to the Upper Tribunal on the basis of an Error of Law not because you disagree with the Decision. The first stage to doing this is to apply for the Statement of Reasons
It can take anywhere from one to thee months for a SoR to be produced.
You can also make a new claim for PIP however you need to be aware that any Decision from a new claim will supersede any revised Tribunal Decision.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Sorry to hear that your appeal was unsuccessful.
I would recommend that you get face to face advice from an advisor with experience of PIP appeals, do an internet search for "welfare advice" with your postcode, town or county.
You may be able to request a Set Aside but you will need to show that your appeal was materially affected by your being unable to attend, this is not a given just because you were not there and will be dependant on the Judge who looked at your case agreeing with you.
You can only appeal to the Upper Tribunal on the basis of an Error of Law not because you disagree with the Decision. The first stage to doing this is to apply for the Statement of Reasons
It can take anywhere from one to thee months for a SoR to be produced.
You can also make a new claim for PIP however you need to be aware that any Decision from a new claim will supersede any revised Tribunal Decision.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
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- Lisa
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8 years 2 months ago #154564 by Lisa
Replied by Lisa on topic Advice needed PIP tribunal set aside
Hi Gordon
Thanks for your reply
Couple more questions
With an oral hearing can a family member go on my behalf or is this only allowed if mental health condition?
I obviously won't be going to upper tribunal but might try a set aside but if judge does agree to new hearing which I doubt I dont think I will be able to attend but can family member go on my behalf.
Tribunal service says this can only happen if I have a mental condition and as mine is physical I can't have an oral hearing and a family member/rep go on my behalf. This is why I told them I was too ill and they would have to just use paper docs for the hearing last week.
Thanks for your reply
Couple more questions
With an oral hearing can a family member go on my behalf or is this only allowed if mental health condition?
I obviously won't be going to upper tribunal but might try a set aside but if judge does agree to new hearing which I doubt I dont think I will be able to attend but can family member go on my behalf.
Tribunal service says this can only happen if I have a mental condition and as mine is physical I can't have an oral hearing and a family member/rep go on my behalf. This is why I told them I was too ill and they would have to just use paper docs for the hearing last week.
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8 years 2 months ago #154585 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice needed PIP tribunal set aside
Lisa
There are very limited circumstances where a representative can attend in place of the claimant, it's not the case that it will only be allowed for those with mental health problems, claimants with severe physical restrictions would also be candidates as would children, however, in all cases the claimant must have the permission of the Judge and the representative must be considered a person capable of giving detailed testimony on the claimants limitation in regard to the legal definitions of the PIP activities.
I think that you will struggle to get a Set Aside unless it is on the basis that you will be attending, which your post suggests would not be the case, although you have nothing to lose by trying.
If you appeal to the UTT then it would be very unusual for you to have to attend, however, you do need to be aware that that the most likely result of a UTT hearing is that a new First Tier hearing will be ordered.
Whichever way you go you need to re-visit the information that you have supplied as part of the original appeal as it is clearly lacking in regard the Daily Living component, this can sometimes be offset by the claimants responses to the panel's questions, but if you are not able to attend all they will be able to go by is your written information.
Gordon
There are very limited circumstances where a representative can attend in place of the claimant, it's not the case that it will only be allowed for those with mental health problems, claimants with severe physical restrictions would also be candidates as would children, however, in all cases the claimant must have the permission of the Judge and the representative must be considered a person capable of giving detailed testimony on the claimants limitation in regard to the legal definitions of the PIP activities.
I think that you will struggle to get a Set Aside unless it is on the basis that you will be attending, which your post suggests would not be the case, although you have nothing to lose by trying.
If you appeal to the UTT then it would be very unusual for you to have to attend, however, you do need to be aware that that the most likely result of a UTT hearing is that a new First Tier hearing will be ordered.
Whichever way you go you need to re-visit the information that you have supplied as part of the original appeal as it is clearly lacking in regard the Daily Living component, this can sometimes be offset by the claimants responses to the panel's questions, but if you are not able to attend all they will be able to go by is your written information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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