- Posts: 4
× Members
PIP upper tribunal stage!
- Margaretmacdonald1
- Topic Author
- Offline
Less More
5 years 6 months ago #239745 by Margaretmacdonald1
PIP upper tribunal stage! was created by Margaretmacdonald1
Any advice appreciated. My daughter gets standard pip for both categories. We have appealed and it’s gone to tribunal and staying the same. I’m told that I could go to upper tribunal but it’s been refused so many times already I feel they won’t change their mind. My daughter should be entitled to higher rate but they’re not agreeing. Should we just be thankful for what she is getting not what she is entitled too!
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8456
5 years 6 months ago #239752 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP upper tribunal stage!
Hi Margaret
To apply to the Upper Tier Tribunal it has to be based on points of law and not that you disagree with the decision.
The first thing you need to do is write to HMCTS and request a Statement of Reason, you need to do this within one month of the tribunal decision, once you get the decision you will need to seek advice from your local welfare rights organisation to see if there is a point of law you can base your appeal on, again there are time limits to appeal to the Upper Tier Tribunal (UTT).
If you request a Statement of Reason you may want to use the time whilst waiting for it to come to find an organisation who may be able to help you appeal to the UTT.
Gary
To apply to the Upper Tier Tribunal it has to be based on points of law and not that you disagree with the decision.
The first thing you need to do is write to HMCTS and request a Statement of Reason, you need to do this within one month of the tribunal decision, once you get the decision you will need to seek advice from your local welfare rights organisation to see if there is a point of law you can base your appeal on, again there are time limits to appeal to the Upper Tier Tribunal (UTT).
If you request a Statement of Reason you may want to use the time whilst waiting for it to come to find an organisation who may be able to help you appeal to the UTT.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Margaretmacdonald1
Please Log in or Create an account to join the conversation.
- Margaretmacdonald1
- Topic Author
- Offline
Less More
- Posts: 4
5 years 6 months ago #239764 by Margaretmacdonald1
Replied by Margaretmacdonald1 on topic PIP upper tribunal stage!
Hi Gary, thank you for the advice but I’ve already received statement of reasons and the Judge said no but I could still apply to upper tribunal if I can prove that they didn’t follow the correct law. Think I’ve lost. Don’t know what else to do.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
5 years 6 months ago #239766 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP upper tribunal stage!
Margaret
There is little help we can offer as we would need sight of your appeal papers and the SoR which is not possible on the forum.
The things to look for are;
- Whether the panel has explained their Decision adequately, understand you would not be arguing whether the Decision is correct, just whether their thinking is documented. So, have they ignored evidence and not explained why? Have they favoured one report over another?
- Has the law been applied correctly
- Is the Decision reasonable? You may consider that it is not but you need to be objective in looking at it, would a reasonable person, looking at the evidence available come to the same Decision?
As you can see this is not easy and you should try to get assistance.
Gordon
There is little help we can offer as we would need sight of your appeal papers and the SoR which is not possible on the forum.
The things to look for are;
- Whether the panel has explained their Decision adequately, understand you would not be arguing whether the Decision is correct, just whether their thinking is documented. So, have they ignored evidence and not explained why? Have they favoured one report over another?
- Has the law been applied correctly
- Is the Decision reasonable? You may consider that it is not but you need to be objective in looking at it, would a reasonable person, looking at the evidence available come to the same Decision?
As you can see this is not easy and you should try to get assistance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Margaretmacdonald1
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David