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Higher Tier Level PIP Appeal - HELP!!

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7 years 11 months ago #158854 by Karen Fielder
Higher Tier Level PIP Appeal - HELP!! was created by Karen Fielder
Can anyone advise me on going for a Higher Level Tier Appeal? I have just, very unfairly, failed my PIP Appeal - I was kept waiting for 45 minutes as the previous applicant had over run his appointment time, I was the last appointment of the day and treated like a "nuisance" and it felt like they just wanted to get rid of me to get home for their tea, I then had to wait nearly three weeks (after two enquiry phone calls) for my decision! With help from the CAB we asked for the Statement of Reasons for their Decision, which when received we were totally shocked! I really wish they had cameras in those court rooms, they accused me of "adquaetly handling paperwork" which I cannot physically do due to severe Widespread Osteoarthritis predominently in my thumbs/hands/wrists! I have endured 4 operations to try to correct my disfigured and useless thumbs, resulting in a complete thumb fusion on the left and a Trapeziectomy with tendon resection from my forearm in my right- this has left many scars and weakness and lack of grip and grasp functions - yet they claimed that I have "no wastage or deformity in my hands/wrists" despite me wearing hand splints so they would not have been able to see anyway. They then went on to class me as an uncredible exaggerator! I only needed ONE point (for which I would have thought that I would have scrored full points on the cooking safely category as I cannot undertake anything in the kitchen for my own safety) to raise me from the low rate but they would not listen to me or sympathise with me. I am so angry that this has caused me sleepless night and the stress has affected my mental health for which my GP is now treating me for. I am so angry - any help or advice greatfully received. Yours desperately, Karen.

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7 years 11 months ago - 7 years 11 months ago #158870 by slugsta
Replied by slugsta on topic Higher Tier Level PIP Appeal - HELP!!
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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I'm sorry you are going through this, seeing the SoR must have been terribly upsetting for you :(

I'm afraid you can only take this further if you can show there has been an 'Error of Law'. You certainly have reason to feel very aggrieved but I cannot say if that is an EoL. Your CAB should be able to help with this, or help you find someone who can. Legal aid is available for Upper Tier Appeals as long as you meet the other criteria.

What is an Error of Law?

If a possible EoL is found, the next step will be to apply to the 1st tier for permission to take it further. If that is denied you can go to the UT and ask direct. You will not have to be present at an UT hearing as all they will look at is whether the 1st tribunal was conducted properly. If they decide it was not, the most likely thing is that they will 'strike out' the 1st decision and send the case back to the 1st tier. So, if an EoL is found it will still be a very long process !

We can offer general advice and support but CAB will be your main 'go to' as we do not have the resources to give you specific help.

You might wish to bookmark/favourite this on your web browser now so that you can find it easily in future. That will allow you to return with updates without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by slugsta.

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