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3 years 7 months ago #263868 by john
Pip-Appeals from was created by john
hello
I had my pip case from HM Courts and Tribunals Service thay told me thay refuse my case
so where do i go from hear i would like some help please do i make new claim or carry on fight the one got going ??

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3 years 7 months ago #263877 by LL26
Replied by LL26 on topic Pip-Appeals from
Hi John,
Your full name appears to be showing, so you might want to amend this if so please try the link
www.benefitsandwork.co.uk/contact-and-help/registering
I'm sorry to hear that you feel the tribunal decision was wrong. There is a further right of appeal to the Upper Tribunal, but only if there has been an error of law.
What you need to do at the moment, and within a month of the tribunal decision date into write to HMCTS and ask for the Written Statement of Reasons and a copy of the revord of proceedings, which if you had a phone hearing will likely to be a cd recording. Make sure you put you name,tribunal reference no and NI number and the hearing date as a heading.
The WSOR make take a while to arrive. The cd will come separately.
Once the WSOR arrives make a photocopy, then you can highlight or write notes, if you do appeal you will need to send a copy in, so best not to scribble over it!
There is soon to be a full guide to further appeals, and by the time the WSOR arrives, this may have been published.
You need to find an error of law-the most obvious is to check whether the correct legal test has been applied. So for example preparing food (descriptor 1) requires a simple meal from fresh ingredients, so if the tribunal award zero points because they say you can put a ready meal in the oven thus is not the right test. Go through all the descriptors using the information in the members guides and compare this with the WSOR. Consider also things like safety, repetition across the day, whether you can do the activity to an acceptable standard and the time it takes, as these are all relevant too.
Maybe you said in the claim form that eg you need a hearing aid to hear properly. (So this would be 2 points as an aid/appliance 7b) If the tribunal ignored this evidence and failed to consider points under 7b this could be an error of law.
There could be other problems with evidence, where the record of proceedings (and any note that you may have made) confirms you say 'no I can't do X...' and the WSOR says 'claimant confirmed he can do X.. = no points awarded '
There could also be procedural errors. Not adjourning to get vital evidence, disallowing you to speak fully or maybe not allowing a friend to give evidence. Were the proceedings fair, do you think that the 'overriding objective of fairness' was achieved?
Obviously the above is a seriously abridged list of the sort of things to look for. You probably already have an idea that something was amiss so that would be a good place to start too.
But...first you need to get the WSOR so send off for that today.
Good luck.
LL26

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

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3 years 7 months ago #264325 by john
Replied by john on topic Pip-Appeals from
Hello
I just to let you no i did not get my pip but i am setting it aside to the judge from courts
who took on my case on sept the 15 but i am thinking i need to get pip form again as some things where not on my bundel for the judge to see what do you think i should do i have sent a letter to the judge with an up date on my evidenece notes that where in the bundel yours john

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3 years 7 months ago #264476 by Gary
Replied by Gary on topic Pip-Appeals from
Hi JH

Follow LL26 post below, the first thing you must do is ask HMCTS for a 'written statement of reason (WSOR) ' there is a time limit in which to request WSOR, one month from the decision date.

Gary

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