Failed PIP appeal

Hi Samanalanina!73,
I'm sorry to hear that your appeal didn't go well. There is a right of appeal to the Upper Tribunal (UT), but you would need to show that a material error of law has occured.
Firstly, and within a month if the hearing, write to the tribunal and ask for the Written Statement of Reasons and the record of proceedings. The ROP is likely to be a cd or access to a digital copy.
The WSOR is basically the full written out reasons for the decision.

What is an error of law?
The following all comprise errors of law:
1. Errors of fact
2. Misstatements of the correct legal test
3. Misapplying the wrong law
4. Failing to supply sufficient reasons
5. Unfair proceedings

1. Errors of fact. If the tribunal rely on information that isn't correct, or is contrary to the evidence given at hearing and within the appeal papers.
Have a listen to the recording, and compare this to the WSOR. For example if nowhere in the papers or during the hearing you say you can walk 300 m, and the tribunal say " claimant said can walk 300m" this is clearly an error of fact. Similarly if you said 'I can only walk 25m' and there is no evidence to suggest this is untrue, the tribunal can't conclude 'he can walk 300m' without providing cogent reasons to explain, based on solid evidence.
This, look for discrepancies - what was said, what's in the papers - what does the tribunal say. Do these match.? Sometimes it's as simple as am omitted 'no' or 'I can't' has been misunderstood as 'I can'.
2. Correct legal test. Check the descriptors. Has the tribunal used the right wording? Another common mistake is to apply what happens 'for the majority of time: This is the test for ESA not PIP which requires the 'majority of days' to be considered.
Similarly has the tribunal considered Regulation 4(2A) PIP Regs. 2013. They don't need to actually mention the regulation number, but they need to consider 4 criteria - all must be satisfied.
Safety - is there a risk of substantial injury -
Acceptable standard - basically is this the normal way of doing the activity. This can also include significant pain, breathlessness, fatigue etc
Reasonable time - is it taking more than twice the usual time for able bodied people?
Repetition - IE repeating the activity, safely, timely and acceptably as many times throughout the day as reasonably required
Tribunals are notoriously bad at forgetting Reg 4(2A).
3. Misapplication of law - this links with the previous paragraph. Consider if eg the tribunal have agreed eg that the walking ability falls within the 20-50m range but have awarded points that match the 50-200m range or award zero points.
4. Failure to supply reasons.
Again this can also link with the previous paragraphs. Does the tribunal provide sufficient reasons? To say eg we accept the claimant can cook a meal without needing any firm of help is not enough. However, if the tribunal said eg, the claimant works as a full time manual worker in a factory and is constantly using tools which he needs to grip and could be dangerous indicates that he has sufficient grip to safely use knives and to hold pans etc hence we award zero points would be difficult to argue against if the claimant does indeed do the work as stated.
If there is a conflict of evidence the tribunal can't simply 'prefer' the DWP assessment and ignore 30 pages of compelling medical evidence form the claimant's doctors. Sufficient reasons must be given.
5.unfairness
The tribunal need to consider all matters raised by the appeal that might lead to a successful appeal. This also means allowing a claimant to speak and similarly to allow a witness to speak. Whilst questions can be asked to help direct relevant responses, there should be no sense of prejudice - bullying or intimidating questioning, not allowing time to answer, being told 'we don't want to hear that' not being allowed to speak. Etc etc Also not allowing time for a break eg for toilet, not providing water, not allowing someone to make notes, disallowing evidence etc.
It should be noted that the 'overriding objective ' of the tribunal is fairness. This means ensuring all parties can participate as much as possible. This would apply equally to a representative from DWP if they were present. Reasonable adjustments should be made if necessary to ensure participation.
In addition of you had asked for adjournment eg to get more medical evidence, and this was refused there would need to be a proper consideration of this request.

There may be more errors of law as what I have shown are only examples of the sort of things to look for.
You will normally have to wait for the WSOR to arrive. In the meantime use the time to listen to and perhaps transcribe the ROP.
You only need one arguable material error of law IE one that could change the whole outcome. So if you need another 5 points to gain benefit, finding an error if law that can only give 2 points won't be 'material' as it can never allow you to receive benefit as you haven't reached at least 8 points.
You have normally 1 month to appeal after the arrival of the WSOR. Please make a copy of the WSOR - keep the original as you may need to send this on if you have to appeal to UT. Use the copy only for scribbling on!
The first stage is to write down the error/s of law and compile a letter. Be brief and use numbered paragraphs and bullet points will probably help.Inclufe your name and reference number plus NI Number, then head your letter
'Request to set aside First Tier Tribunal decision and/or for leave to appeal to the Upper Tribunal.'
There is a 2 stage process. First the Regional Judge will consider the request. For obvious errors of law he he has the power to 'set aside' the First Tier Tribunal decision. (Like replaying a football match - everything starts again at 0-0) - a new hearing will be set up. However for less obvious errors, or where a contentious or important matter of law is involved the Regional Judge can refer the matter to UT. Even if Reg.Judge doesn't agree, you can still apply directly to UT. (And this can succeed.)
If there are discrepancies in what's been said and what's deemed to have been said in the WSOR you might need to send in the transcript of the ROP.
Think of it as radio or TV script. Be factual. But you can include things that happened. Eg 'was shouting' 3 second pause, overtalking, claimant crying etc. Don't include anything that might be subjective.
I hope this helps, please ask further questions if you need more detailed information.
LL26