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Lost First tier Pip Tribunal (long post) Now what
- Cat in a hat
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5 years 1 month ago #245669 by Cat in a hat
Think like a proton, always positive.
Lost First tier Pip Tribunal (long post) Now what was created by Cat in a hat
Had my PIP oral hearing 9 days ago. It was a transition from DLA to PIP that saw me lose Daily living component (former lifetime award DLA Middle care/Low mob)
I was awarded enhanced mobility at transition to PIP. MR Rejected for DL, as only 5 points for Descriptors under daily living.
Awarded 12 for mobility under descriptor 'needs another person/guide dog to follow/plan familiar journey.
Immediately prior to PIP transition and losing DLA, I had ESA appeal going concurrently. DWP lapsed that tribunal and found in my favour placing me back in ESA support group.
Had just had SDP reinstated and backpay for this on ESA and support group premium, when my PIP decision came through, giving 12 pts for Mobility, 5 for Daily living.(for an ongoing period)
As such, my benefits were reduced massively through losing both SDP and .not meeting threshold for PIP daily living.
Submitted MR appealing descriptors for cooking, Social interaction, Budgeting and nutrition.
Also referred DWP to their own revised decision on ESA which found in my favour.
17 weeks later, (and interestingly, a week after writing letter of complaint) I received MR decision rejecting my appeal. (No mention or ref to my official letter of complaint)
I filed for appeal at Tribunal and this was heard exactly a year to the day that my DLA was stopped on (March 3 2019) Tribunal hearing March 3 2020
My 22 year old son attended hearing with me and tried to give his evidence after I had been questioned by the panel. (A judge, Disability expert, GP) DWP re also present.
Hearing took an hour and half by which time, we were quickly ushered out and told no time left to get answer that day, as the next guy was already waiting.
Informed by post 2 days later that the Tribunal accepted the medical evidence, did not contest the points awarded at initial claim and that they accepted I needed supervision using conventional oven, thus giving me 2 additional points.
This meant I now had 7 points for Daily living and the enhanced Mobilty 12 pts under Descriptor 1 C (?)
The outcome being that the panel agreed that DWP decision accepted and my appeal was denied by one point.
Obviously, I am devastated! I truly believed I had a VERY strong case to at least be awarded standard daily living.
Our local welfare rights unit who were represented my appeal, argued for enhanced. Their input was based on receiving the evidence bundle and one 40 minute interview 3 months before my hearing.
The point being, that the bigger percentage of my appeal, I had to do myself.
I have written to request the Statement of reasons from the tribunal, however, Im told this can take weeks, if not months, as its not considered priority (particularly in a lost appeal case).
After the oral hearing, there were multiple areas of the appeal, that I felt were not handled correctly, perhaps even by error of law.? However, until I get SOR Ive no way of knowing their thought process.
The key issues that I felt raised question marks (on reflection and after I was not under the duress of the panel questioning) were related to the fact that most of the 90 minutes of the hearing was taken up labouring the (2points awarded) cooking descriptor.
And a lot of time questioning the nutrition descriptor (which I argued I believed 2 points wouldve been the correct decision) for 'Needs prompting to take nutrition.
The descriptors that I felt I had the strongest chance of getting the extra 3 points needed to award Daily living, were those related to
social interaction and needs help with complex budgeting.
I believed I already had evidence for the latter, by virtue of needing help through DWP own fuel direct scheme. Also, evidence provided by my housing assoc that I needed help from their money matters team and they had been helping me over the last couple of years with budgeting, income expenditure, liaising with utilities to apply for help with fuel debt/white goods.
Evidence re the social interaction descriptor was a bit tougher to explain. I had evidence supporting REASONS for social anxiety and distress meeting with people socially, which included medical evidence of having injuries and requiring emergency medical attention directly resulting from my health and disabilities. I also had a letter of support from a friend I had known for over 30 years, dtailing how I had changed from being active/social to a virtual hermit in the years she has known me and my children.
These points were given just a cursory mention I felt. I was asked about the friend who had written the letter. How did I see her?
I explained that would she would randomly turn up at my home to visit driving in her car, from her home to mine.
I was asked 'do you have coffee? I said yes, we have a coffee on these occasions at my home.
I explained that where Angela was concerned, such social interaction, whilst wearing, wasn't typical of the social interaction I used to enjoy or what other people deemed 'normal or typical.
The reason being that I don't need to talk that much, since my friend could talk for England and you'd be hard pressed to get a word in anyway. I said it suited me fine given my aversion and anxiety about socialising these days.
The DWP rep was allowed to ask me about my 'disabled persons bus pass' and if I used that. I said that in the absence of anyone being with me, yes, I used my pass (Im not allowed to drive due to my disability). She asked about speaking with someone in a shop when shoppong. If that was problematic?
Also the fact I used the bus to get to hospital appointments when I couldnt afford a taxi.
That was the sum of attention given to the social descriptor.
I was not asked WHEN did my friend last visit socially (which was sometime last year), nor the frequenxy of her visits. (average of 2/3 times a year at most these days).
In terms of the budgeting descriptor, I was asked (by dwp rep) if I could manage to count my change when doing a shop. I said yes.
On reflection, I believe the questions re budgeting, were more about needing help with SIMPLE budgeting, which I was not saying.
The hearing did not allow me to explain things in my own words, as in truth, it felt like a grilling from the the judge and GP (and DWP woman), with closed questions on points they raised and not sufficient time allowed for the descriptors Id hoped to address.
It seemed clear to me also, that key evidence had not been considered. ie The judge was unaware for the reasons that I was in ESA support. She asked the DWP rep, who shrugged and indicated she did not know.
As I had applied to DWP for a ROAR, I had discovered the ESA decision had been revised and found in my favour, under article 35.
I wanted to show that report to the judge, as it acknowledged the difficulties/dangers I faced owing to Narcolepsy and cataplexy and brain aneurysm and two strokes, as well as a more recent diagnosis of heart arrythmia.
The judge waved me off, indicating she didnt need to see that evidence. (which I had submitted with the bundle as DWP failed to submit the revised revision of my ESA outcome)
The time spent questioning me about why I have difficulty with nutrition (due to forgetting to eat, having the enrgy to prep food and being foggy, therefore often unable to do the actions in the right order, as Id get sidetracked/distracted.
They asked if any doctors had said anything about my weight loss. Again, I explained that despite friends/family noticing I had lost a lot of weight having gone from size 14 to size 8, I did not fall into the BMI scale of underweight (conversely, I had not been considered overweight when size 14 either), but for me, I knew it was significant and yes, I'd mentioned it to GP and cardio specialist.
The Judge recommended getting OT referral and nutritional referral and asked if that had ever been done. Again, I explained Id had OT after my first brain aneurysm and stroke whilst still in hospital, but nothing since.
Given the time the panel focused on that descriptor and the cooking and not on the ones Id hoped to address, I was only awarded the extra 2 points under the cooking descriptor. The others I had appealed, were not mentioned in my decision letter.
When it came time for my son to give evidence, he had tried to explain in his own words, from his perspective, my inability to convey to medical professionals how I was, that I was very anxious with these appointments and 'underplayed my difficulties.'
He began to explain how on many occasions when he was home from university, he would have to physically carry me down or up the stairs, when I had an attack or got dizzy.
He said about the physical signs I showed, which caused weak pulse, extremely high heart rate spikes and he would have to help me to lay on the settee or pick me up off the floor and put a cold flannel on my head/neck.
As he was talking, he was stopped mid sentence by the judge as she said 'that does not have to be considered by the tribunal so its not relevant'. Which I feel intimidated him into silence snce it was clear the judge wanted to see the next person. (she actually asked the clerk whilst we were still being heard, if the next guy had arrived already and was waiting.
The clerk affirmed he was.
I was asked did I have any further questions, but my mind blanked at that point, as is usual for me especially when under duress. (my memory is pretty poor at such times).
I also forgot (although it was in the evidence bundle) to say that just a couple of months before my hearing, my consultant had sent me from a routine consultation with him, to the A&E at another hospital as he 'could see signs of stroke' He phoned through to the emergency neuro team and sent me to go immediately to A and E, where the 'Brain attack team would see me.
This was not mentioned and I forgot to say, when asked had my condition got better, worse or the same.
Again, I felt under pressure to give a snappy answer, whilst trying to think of how to explain truthfully how I felt. I ended saying 'The same' when it seemed I was taking too much time to find the right words to answer.
In summary, these are key points I feel need to be looked at, when I ask for leave to appeal to UT.
In truth, I felt that it went against me, that I had prepped my case as well as I had. The judge assumed (wrongly) that Id got professional legal counsel. When I explained WRU had helped, she said, no, I dont mean the report they sent, I mean this... ' which she showed me was evidence Id sent more recently, pertaining to UT pip decisions that I felt were relevant in supporting my appeal.
On reflection, Im kicking myself for not explaining that I spent 100s of hours and a year working on my case.
I felt that Id annoyed the judge with this and actually said, 'Yes, Im sorry, that's my fault' (the evidence about UT decisions)/ She asked where did I get it and how did I come about this info.
Again, I explained mostly fom internet research and online disability support forums such as this. She commented it was highly unusual to have 'such level of detail and references to legal points of law re UT decisions, and WRU would never have done a case with that amount of detail.
I have no way of knowing or proving that an assumption was made about the difficulties I face with DL, based upon my case being prepared 'to0 well' to what a FTT usually sees.
I suspect however, it did work against me. I certainly had not intended to come across as a 'smart arse', and without chance of explaining I had worked on my case bit by bit over a long time and in the absence of being unable to get help from anyone outside of my 40 minute meet with WRU.
In the 11 days since my hearing, I can already feel a rapid deterioration in my health. Having fought this for so long and have it consume me to the point of worsening my heart condition and having a third potential stroke, I have no idea what effect fighting on is going to have.
Yet I feel I have no option. Its quite literally a life or death situation for me. My income was reduced overnight a year ago, by more than £120 a week (SDP loss inc)., I have barely scraped by on a vastly reduced standard of living, meaning Im averaging less than one 'proper' meal a week, cannot always get to hospital appts if they are before 930 and I cant use my free bus pass, and fuel debts increasing once again.
Whilst there was hope up until I had my oral hearing, I feel like Ive been thrown back down into an abyss but without the light at the end of the tunnel of maybe winning my hearing.
Discovering that even beginning to try to fight on, depends upon getting the SOR, theres no urgency for the tribunal service to rush with this. Im literally at their mercy and cant exactly say I need this quickly because Im drowning and feel they made errors in law, so ask to appeal to upper tribunal.
Rock and hard place. Whilst im waiting, I honestly worry that I won't survive the wait to fight and win. To the point I am asking close family to fight on my behalf posthumously, should that be the case.
Even that doesnt seem possible, as those Ive talked to about it, dont understand and are bamboozled by the complexities of my case and the working of the legal system in civil cases like this.
I know I cannot expert any sort of comprehensive answer to this post, nor probably any advice other than to 'Wait for the SOR'. Advice Ive already heard numerous times from diff sources.
Ive also been advised to apply again for pip, whilst appealing this case to UT.
My concern with that is the risk of losing what I have been awarded and also, being taken off ESA and put onto UC if i reported a change of circumstance due to worsening health.
Im no quitter, but honestly it feels so hopeless and like whichever way I turn, my avenue is blocked.
I today found a potential important piece of evidence, which nobody, not even WRU, nor the tribunal picked up, alas, 9 days too late.
The question I found written on a scrap of paper just today, from a year ago... that having had my PIP medical assessment (F2F at home) on February 26 2019, how was DWP able to decide and post their decision that ended my DLA on March 3 2019, just five days after my assessment?
Whilst not impossible, I think it highly improbable they could arrive at an informed decision, based upon all of the medical evidence Id submitted and the IAS assessor report, within a five day time span. At best, indicating a rushed decision (and a flawed one); at worst, a decision to refuse me the daily living component, prior to my PIP assessment had even been conducted.
Im more inclined to question this, given that my assessment had been postponed 9 times since summer of 2018 to the actual assessment happening on Feb 26 2019.
Also, the fact it took DWP 17 weeks to decide upon rejecting my Mandatory reconsideration, thus giving credence to my assertion that they do not conduct these procedures in a timely fashion as a rule (unless conducive to saving money by rejecting a claim for benefit).
I am quite literally desperate, have not had a meal since the hearing (I spent much of this recent Pip payment in paying my son's rail travel from London to Leeds to support me at the hearing, plus taxi fares there and home again).
I am due to be paid esa tomorrow, but as you can understand, its impossibke to maintain life under these conditions, just a bare existence.
Apologies for the long post and thanks in advance. Even if youre unable to reply to this post, could you recommend any legal expert who might be willing to support me pro Bono with this, if not for my sake as an individual, but in the interest of justice to all people with disabilities who are fighting a cruel and unjust system. If I die whilst fighting this, I am just 'another statistic' as the DWP or their contractors it seems, are forced to take any accountability for the systemic discrimination and harm caused to people who are one of the most vulnerable of society and least equipped to handle such a Goliath fight.
Just as an aside, whilst I am not suprised to learn that that the DWP as an employer, has an appalling number of cases brought to tribunal by their own employees being subjected to discriminatory practices, it is telling, that a recent case was awarded just short of half a million pounds in a settlement, for the discrimination and damage she suffered from her former employer.
Such punitive measures and repercussions upon those perpetrating these practices, may, quite rightly, take pause before repeating their behaviour.
As a claimant, we have no such consideration for the damage and even deaths, that we are a result. At best, we can only hope to return to our previous status quo of getting benefit reinstated. Yet at what cost? I know the cost to me personally, thus far. yet I am right back at first base with stage 2 looming and no guarantee of getting benefit reinstated.
Even if I die trying, or suffer a further catastrophic brain injury induced by the stress Im under,there is no redress, in most cases, barely a muttered apology.
Surely somebody out there has passion to take this on and fight it? Again, apologies for the lengthy epistle.
Thank you in advance. Kindest regards, Cat
I was awarded enhanced mobility at transition to PIP. MR Rejected for DL, as only 5 points for Descriptors under daily living.
Awarded 12 for mobility under descriptor 'needs another person/guide dog to follow/plan familiar journey.
Immediately prior to PIP transition and losing DLA, I had ESA appeal going concurrently. DWP lapsed that tribunal and found in my favour placing me back in ESA support group.
Had just had SDP reinstated and backpay for this on ESA and support group premium, when my PIP decision came through, giving 12 pts for Mobility, 5 for Daily living.(for an ongoing period)
As such, my benefits were reduced massively through losing both SDP and .not meeting threshold for PIP daily living.
Submitted MR appealing descriptors for cooking, Social interaction, Budgeting and nutrition.
Also referred DWP to their own revised decision on ESA which found in my favour.
17 weeks later, (and interestingly, a week after writing letter of complaint) I received MR decision rejecting my appeal. (No mention or ref to my official letter of complaint)
I filed for appeal at Tribunal and this was heard exactly a year to the day that my DLA was stopped on (March 3 2019) Tribunal hearing March 3 2020
My 22 year old son attended hearing with me and tried to give his evidence after I had been questioned by the panel. (A judge, Disability expert, GP) DWP re also present.
Hearing took an hour and half by which time, we were quickly ushered out and told no time left to get answer that day, as the next guy was already waiting.
Informed by post 2 days later that the Tribunal accepted the medical evidence, did not contest the points awarded at initial claim and that they accepted I needed supervision using conventional oven, thus giving me 2 additional points.
This meant I now had 7 points for Daily living and the enhanced Mobilty 12 pts under Descriptor 1 C (?)
The outcome being that the panel agreed that DWP decision accepted and my appeal was denied by one point.
Obviously, I am devastated! I truly believed I had a VERY strong case to at least be awarded standard daily living.
Our local welfare rights unit who were represented my appeal, argued for enhanced. Their input was based on receiving the evidence bundle and one 40 minute interview 3 months before my hearing.
The point being, that the bigger percentage of my appeal, I had to do myself.
I have written to request the Statement of reasons from the tribunal, however, Im told this can take weeks, if not months, as its not considered priority (particularly in a lost appeal case).
After the oral hearing, there were multiple areas of the appeal, that I felt were not handled correctly, perhaps even by error of law.? However, until I get SOR Ive no way of knowing their thought process.
The key issues that I felt raised question marks (on reflection and after I was not under the duress of the panel questioning) were related to the fact that most of the 90 minutes of the hearing was taken up labouring the (2points awarded) cooking descriptor.
And a lot of time questioning the nutrition descriptor (which I argued I believed 2 points wouldve been the correct decision) for 'Needs prompting to take nutrition.
The descriptors that I felt I had the strongest chance of getting the extra 3 points needed to award Daily living, were those related to
social interaction and needs help with complex budgeting.
I believed I already had evidence for the latter, by virtue of needing help through DWP own fuel direct scheme. Also, evidence provided by my housing assoc that I needed help from their money matters team and they had been helping me over the last couple of years with budgeting, income expenditure, liaising with utilities to apply for help with fuel debt/white goods.
Evidence re the social interaction descriptor was a bit tougher to explain. I had evidence supporting REASONS for social anxiety and distress meeting with people socially, which included medical evidence of having injuries and requiring emergency medical attention directly resulting from my health and disabilities. I also had a letter of support from a friend I had known for over 30 years, dtailing how I had changed from being active/social to a virtual hermit in the years she has known me and my children.
These points were given just a cursory mention I felt. I was asked about the friend who had written the letter. How did I see her?
I explained that would she would randomly turn up at my home to visit driving in her car, from her home to mine.
I was asked 'do you have coffee? I said yes, we have a coffee on these occasions at my home.
I explained that where Angela was concerned, such social interaction, whilst wearing, wasn't typical of the social interaction I used to enjoy or what other people deemed 'normal or typical.
The reason being that I don't need to talk that much, since my friend could talk for England and you'd be hard pressed to get a word in anyway. I said it suited me fine given my aversion and anxiety about socialising these days.
The DWP rep was allowed to ask me about my 'disabled persons bus pass' and if I used that. I said that in the absence of anyone being with me, yes, I used my pass (Im not allowed to drive due to my disability). She asked about speaking with someone in a shop when shoppong. If that was problematic?
Also the fact I used the bus to get to hospital appointments when I couldnt afford a taxi.
That was the sum of attention given to the social descriptor.
I was not asked WHEN did my friend last visit socially (which was sometime last year), nor the frequenxy of her visits. (average of 2/3 times a year at most these days).
In terms of the budgeting descriptor, I was asked (by dwp rep) if I could manage to count my change when doing a shop. I said yes.
On reflection, I believe the questions re budgeting, were more about needing help with SIMPLE budgeting, which I was not saying.
The hearing did not allow me to explain things in my own words, as in truth, it felt like a grilling from the the judge and GP (and DWP woman), with closed questions on points they raised and not sufficient time allowed for the descriptors Id hoped to address.
It seemed clear to me also, that key evidence had not been considered. ie The judge was unaware for the reasons that I was in ESA support. She asked the DWP rep, who shrugged and indicated she did not know.
As I had applied to DWP for a ROAR, I had discovered the ESA decision had been revised and found in my favour, under article 35.
I wanted to show that report to the judge, as it acknowledged the difficulties/dangers I faced owing to Narcolepsy and cataplexy and brain aneurysm and two strokes, as well as a more recent diagnosis of heart arrythmia.
The judge waved me off, indicating she didnt need to see that evidence. (which I had submitted with the bundle as DWP failed to submit the revised revision of my ESA outcome)
The time spent questioning me about why I have difficulty with nutrition (due to forgetting to eat, having the enrgy to prep food and being foggy, therefore often unable to do the actions in the right order, as Id get sidetracked/distracted.
They asked if any doctors had said anything about my weight loss. Again, I explained that despite friends/family noticing I had lost a lot of weight having gone from size 14 to size 8, I did not fall into the BMI scale of underweight (conversely, I had not been considered overweight when size 14 either), but for me, I knew it was significant and yes, I'd mentioned it to GP and cardio specialist.
The Judge recommended getting OT referral and nutritional referral and asked if that had ever been done. Again, I explained Id had OT after my first brain aneurysm and stroke whilst still in hospital, but nothing since.
Given the time the panel focused on that descriptor and the cooking and not on the ones Id hoped to address, I was only awarded the extra 2 points under the cooking descriptor. The others I had appealed, were not mentioned in my decision letter.
When it came time for my son to give evidence, he had tried to explain in his own words, from his perspective, my inability to convey to medical professionals how I was, that I was very anxious with these appointments and 'underplayed my difficulties.'
He began to explain how on many occasions when he was home from university, he would have to physically carry me down or up the stairs, when I had an attack or got dizzy.
He said about the physical signs I showed, which caused weak pulse, extremely high heart rate spikes and he would have to help me to lay on the settee or pick me up off the floor and put a cold flannel on my head/neck.
As he was talking, he was stopped mid sentence by the judge as she said 'that does not have to be considered by the tribunal so its not relevant'. Which I feel intimidated him into silence snce it was clear the judge wanted to see the next person. (she actually asked the clerk whilst we were still being heard, if the next guy had arrived already and was waiting.
The clerk affirmed he was.
I was asked did I have any further questions, but my mind blanked at that point, as is usual for me especially when under duress. (my memory is pretty poor at such times).
I also forgot (although it was in the evidence bundle) to say that just a couple of months before my hearing, my consultant had sent me from a routine consultation with him, to the A&E at another hospital as he 'could see signs of stroke' He phoned through to the emergency neuro team and sent me to go immediately to A and E, where the 'Brain attack team would see me.
This was not mentioned and I forgot to say, when asked had my condition got better, worse or the same.
Again, I felt under pressure to give a snappy answer, whilst trying to think of how to explain truthfully how I felt. I ended saying 'The same' when it seemed I was taking too much time to find the right words to answer.
In summary, these are key points I feel need to be looked at, when I ask for leave to appeal to UT.
In truth, I felt that it went against me, that I had prepped my case as well as I had. The judge assumed (wrongly) that Id got professional legal counsel. When I explained WRU had helped, she said, no, I dont mean the report they sent, I mean this... ' which she showed me was evidence Id sent more recently, pertaining to UT pip decisions that I felt were relevant in supporting my appeal.
On reflection, Im kicking myself for not explaining that I spent 100s of hours and a year working on my case.
I felt that Id annoyed the judge with this and actually said, 'Yes, Im sorry, that's my fault' (the evidence about UT decisions)/ She asked where did I get it and how did I come about this info.
Again, I explained mostly fom internet research and online disability support forums such as this. She commented it was highly unusual to have 'such level of detail and references to legal points of law re UT decisions, and WRU would never have done a case with that amount of detail.
I have no way of knowing or proving that an assumption was made about the difficulties I face with DL, based upon my case being prepared 'to0 well' to what a FTT usually sees.
I suspect however, it did work against me. I certainly had not intended to come across as a 'smart arse', and without chance of explaining I had worked on my case bit by bit over a long time and in the absence of being unable to get help from anyone outside of my 40 minute meet with WRU.
In the 11 days since my hearing, I can already feel a rapid deterioration in my health. Having fought this for so long and have it consume me to the point of worsening my heart condition and having a third potential stroke, I have no idea what effect fighting on is going to have.
Yet I feel I have no option. Its quite literally a life or death situation for me. My income was reduced overnight a year ago, by more than £120 a week (SDP loss inc)., I have barely scraped by on a vastly reduced standard of living, meaning Im averaging less than one 'proper' meal a week, cannot always get to hospital appts if they are before 930 and I cant use my free bus pass, and fuel debts increasing once again.
Whilst there was hope up until I had my oral hearing, I feel like Ive been thrown back down into an abyss but without the light at the end of the tunnel of maybe winning my hearing.
Discovering that even beginning to try to fight on, depends upon getting the SOR, theres no urgency for the tribunal service to rush with this. Im literally at their mercy and cant exactly say I need this quickly because Im drowning and feel they made errors in law, so ask to appeal to upper tribunal.
Rock and hard place. Whilst im waiting, I honestly worry that I won't survive the wait to fight and win. To the point I am asking close family to fight on my behalf posthumously, should that be the case.
Even that doesnt seem possible, as those Ive talked to about it, dont understand and are bamboozled by the complexities of my case and the working of the legal system in civil cases like this.
I know I cannot expert any sort of comprehensive answer to this post, nor probably any advice other than to 'Wait for the SOR'. Advice Ive already heard numerous times from diff sources.
Ive also been advised to apply again for pip, whilst appealing this case to UT.
My concern with that is the risk of losing what I have been awarded and also, being taken off ESA and put onto UC if i reported a change of circumstance due to worsening health.
Im no quitter, but honestly it feels so hopeless and like whichever way I turn, my avenue is blocked.
I today found a potential important piece of evidence, which nobody, not even WRU, nor the tribunal picked up, alas, 9 days too late.
The question I found written on a scrap of paper just today, from a year ago... that having had my PIP medical assessment (F2F at home) on February 26 2019, how was DWP able to decide and post their decision that ended my DLA on March 3 2019, just five days after my assessment?
Whilst not impossible, I think it highly improbable they could arrive at an informed decision, based upon all of the medical evidence Id submitted and the IAS assessor report, within a five day time span. At best, indicating a rushed decision (and a flawed one); at worst, a decision to refuse me the daily living component, prior to my PIP assessment had even been conducted.
Im more inclined to question this, given that my assessment had been postponed 9 times since summer of 2018 to the actual assessment happening on Feb 26 2019.
Also, the fact it took DWP 17 weeks to decide upon rejecting my Mandatory reconsideration, thus giving credence to my assertion that they do not conduct these procedures in a timely fashion as a rule (unless conducive to saving money by rejecting a claim for benefit).
I am quite literally desperate, have not had a meal since the hearing (I spent much of this recent Pip payment in paying my son's rail travel from London to Leeds to support me at the hearing, plus taxi fares there and home again).
I am due to be paid esa tomorrow, but as you can understand, its impossibke to maintain life under these conditions, just a bare existence.
Apologies for the long post and thanks in advance. Even if youre unable to reply to this post, could you recommend any legal expert who might be willing to support me pro Bono with this, if not for my sake as an individual, but in the interest of justice to all people with disabilities who are fighting a cruel and unjust system. If I die whilst fighting this, I am just 'another statistic' as the DWP or their contractors it seems, are forced to take any accountability for the systemic discrimination and harm caused to people who are one of the most vulnerable of society and least equipped to handle such a Goliath fight.
Just as an aside, whilst I am not suprised to learn that that the DWP as an employer, has an appalling number of cases brought to tribunal by their own employees being subjected to discriminatory practices, it is telling, that a recent case was awarded just short of half a million pounds in a settlement, for the discrimination and damage she suffered from her former employer.
Such punitive measures and repercussions upon those perpetrating these practices, may, quite rightly, take pause before repeating their behaviour.
As a claimant, we have no such consideration for the damage and even deaths, that we are a result. At best, we can only hope to return to our previous status quo of getting benefit reinstated. Yet at what cost? I know the cost to me personally, thus far. yet I am right back at first base with stage 2 looming and no guarantee of getting benefit reinstated.
Even if I die trying, or suffer a further catastrophic brain injury induced by the stress Im under,there is no redress, in most cases, barely a muttered apology.
Surely somebody out there has passion to take this on and fight it? Again, apologies for the lengthy epistle.
Thank you in advance. Kindest regards, Cat
Think like a proton, always positive.
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- Gary
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5 years 1 month ago #245680 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Lost First tier Pip Tribunal (long post) Now what
Hi Cat in a hat
Until you get your statement of reasons (SOR) you will not know why a tribunal took a decision which went against what you were hoping for, hindsight is wonderful but it will do you no good mentally, you now have to concentrate where you want to go, going forward.
The first thing is to request a SOR while you are waiting for SOR to arrive, contact the WRU to see if they will help you with appealing to UTT, you probably will not get an answer until they have seen the SOR but you can give them the heads up.
Most claimants when they go to a tribunal get overwhelmed and forget everything they want to say, I always tell claimants to write down what you want to say in bullet points especially if you disagree with the assessors report. You have to make sure that you understand the criteria that you are being assessed against so you can put the best case forward that is possible, but you won't score points if you do not meet the PIP Descriptors.
To appeal against a FTT you now have to show an error in law in how they came to their decision, remember time limits, one month from date of decision to apply for a SOR and then one month from date of SOR in which to appeal to UTT.
If you have any specific questions then please reply to this post and we will do our best to help.
Gary
Until you get your statement of reasons (SOR) you will not know why a tribunal took a decision which went against what you were hoping for, hindsight is wonderful but it will do you no good mentally, you now have to concentrate where you want to go, going forward.
The first thing is to request a SOR while you are waiting for SOR to arrive, contact the WRU to see if they will help you with appealing to UTT, you probably will not get an answer until they have seen the SOR but you can give them the heads up.
Most claimants when they go to a tribunal get overwhelmed and forget everything they want to say, I always tell claimants to write down what you want to say in bullet points especially if you disagree with the assessors report. You have to make sure that you understand the criteria that you are being assessed against so you can put the best case forward that is possible, but you won't score points if you do not meet the PIP Descriptors.
To appeal against a FTT you now have to show an error in law in how they came to their decision, remember time limits, one month from date of decision to apply for a SOR and then one month from date of SOR in which to appeal to UTT.
If you have any specific questions then please reply to this post and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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