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Tribunal decision

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4 years 1 month ago #243809 by tia
Tribunal decision was created by tia
Hi! I went to my tribunal on Tuesday, and have received their decision. I have been awarded standard Living. But only scored 4 on mobility. I am devastated, as I suffer severe asthma, panic attacks, and incontinece. My car is my life line, and on Monday my cars engine blew up and is not able to be fixed (well it would cost 5,000 pounds. I would like suggestions as to how to appeal. Would a solicitor at this stage help?
Many Thanks.

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4 years 1 month ago #243817 by BIS
Replied by BIS on topic Tribunal decision
Hi Tia

You will probably need a specialist benefits advisor for this and you could try googling one in your area. If you are going to appeal to the Upper Tribunal you will have to make a case that when they came to their decision the tribunal panel made an 'error in law'. This means showing that they ignored parts of your condition which are relevant to PIP. I did a quick search and there have been quite a few tribunal cases about incontinence (not all of them in favour of the claimant). I have no idea if any of them are relevant to your case - you will have to read through and see.

pipinfo.net/activities/managing-toilet-needs-or-incontinence

I don't know what you hoped to score for mobility. You can only score 8 points for incontinence so if you are hoping to score 12 points or above for mobility you would also need to earn more points elsewhere. Again, you would need to show that they ignored aspects of your condition that they shouldn't have.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 1 month ago #243818 by tia
Replied by tia on topic Tribunal decision
Hi, all the points I scored were to with my eczema and incontinence. It was my asthma that need my car for the most, as I really am unable to walk much distance. I now don't have use of a car. This is already having an effect on me. I need to carry creams for my skin around, spare clothes if I have a accident with incontinence, all of which I carry around in my car.I can't carry shopping any distance. I'm in tears here.

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4 years 1 month ago #243820 by tia
Replied by tia on topic Tribunal decision
Also wanted to add the DWP sent someone in to my hearing.

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4 years 1 month ago #243822 by BIS
Replied by BIS on topic Tribunal decision
Hi Tia
You're are unlikely to score anything for eczema unless you can show that inhibits your ability to meet the PiP criteria.

The advice I gave earlier remains the same. You can appeal to the upper tribunal if you can show that the panel made an error in law and did not sufficiently take account of the difficulties you have moving around. That means that your asthma has to be sufficiently severe on the majority of days to impair your functioning and ability to walk. You would also need that backed up by medical evidence.

Have you sent off for your statement of reasons to find out exactly why you were awarded certain points and why they discounted your asthma? It's hard to fight if you haven't got a breakdown of exactly how they came to their decision.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: tia

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