PIP Appeal

I am my adult daughters Representative with her PIP Appeal which began in Nov 2016 & is still ongoing. She applied for PIP in Nov 2016, First Appeal heard in April 2018 was refused. We appealed to the Upper Tribunal & a Senior First Tier Tribunal Judge directed that the decision be 'set aside' & for a new hearing to take place after all the medical records had been obtained. This was because there was an 'error of law', in that a Consultants Letter confirming that my daughter suffered from Mental Health issues & Panic Attacks was not considered. It was obvious from the hostile wording in his decision that it was through gritted teeth, as my daughter was described as a 'poor witness', who was clearly not believed, but then, as it was a FTT Judge, sitting in judgement on a FTT's decision, it came as no surprise.

The second tribunal was heard in November 2018, & we were horrified that it was again refused. The medical evidence clearly stated that my daughter had suffered mental health problems for over 40 years, which were still ongoing, & that she had attempted suicide on numerous occasions, This was in addition to Consultants letters confirming she also has Auto Immune Hashimoto's Hypothyroiditis, Severe painful Arthritis in fingers & toes making preparing meals impossible, & walking painful & difficult. She has also had a diagnosis of Fibromyalgia, Severe Depression & Anxiety, along with many other problems which affect her Daily Living. It was unbelievable that the 300 pages of medical evidence had not been considered again. My daughters condition deteriorated rapidly, but where previously I have been the one to look after her, this time the Crisis Team became involved, as well as PTS & CBT, who have all referred her to see a psychiatrist.

We again appealed to the Upper Tribunal, & were refused permission to Appeal, but following the advice in the accompanying letter, we have now submitted the relevant form to the Upper Tribunal (Administrative Appeals Chamber) & have received an acknowledgement.

Does anyone know what happens now please, & how long it is all likely to go on for? There is so much documentary evidence to support her claim I feel sure that now it is being dealt with & looked at by actual Upper Tier Tribunal Judges, the right decision will hopefully be made.

My feeling so far is that some of the comments made at the first hearing, have either influenced further tribunal decisions, or that the tribunal members at the second hearing literally did not have enough time to consider all the supporting evidence. I am of the opinion that most people would have given up long before now, but I cannot sit by & watch erroneous decisions go unchallenged, when it is my daughters life that is at stake. I am now 76, & I'm too tired to be fighting for justice, against the very people who should be protecting my daughters interests.

If anyone has any more advice I would be very grateful thank you.