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TOPIC: Second PIP Appeal

Second PIP Appeal 2 weeks 2 days ago #220394

Hi, My daughter applied for PIP in 2016 but was turned down & it went to appeal in April 2018. The hearing was awful as they just didn't believe the extent of her disabilities, I thought there were procedural errors, as well as errors of law, so we went to the Welfare Rights for help, but they didn't believe in her either. I decided to write to the Upper Tier Tribunal & as a result, we now have another hearing at the First Tier Tribunal in mid November. They also now have all her medical records which I feel supports our case. The problem is I don't feel I can carry on helping her present her case as I am 75 & not well myself. We have approached Welfare Rights, CAB, Pro Bono Lawyers for an advocate to present her case, but it is too short notice. Can anyone advise us please. Thanks

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Second PIP Appeal 2 weeks 2 days ago #220415

PP

I'm afraid at this stage of the process you are not going to find anybody to help you with the appeal.

Is your daughter capable of attending on her own? Would her doing so actually be against her claim? Is there anybody who could at least take your daughter to the hearing even if they could not testify on her behalf?

You do have the option of switching the hearing to a Paper one that is decided on the papers only, contact the Tribunal Service do this.

Gordon

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

Second PIP Appeal 1 week 1 day ago #220902

Hi Gorden. Thank you for your reply. The Upper Tier Judge gave directions that it was to be another oral hearing NOT a paper hearing, so I have decided I am going to attend with my daughter, to give her the support she needs. As I was categorically told at the last Tribunal that I could not speak or give any verbal evidence, I have also submitted a 'witness statement' this time, which I presume they will have to take into account. The last tribunal was so biased & unfair, I now get the feeling the UTT Judge who set the first decision aside, was really annoyed that I was the one who had actually pointed out the errors of law the First Tier Tribunal had made. The decision notice actually stated," The decision is reviewed because it contains an error of law, namely failing to take into account some of the evidence before it. The tribunal clearly did not find the appellant to be a credible witness; it was entitled to come to this view, but should have explained what it made of the letter containing the evidence it missed. (The letter was a Consultants letter detailing one of my daughters medical conditions that the tribunal had dismissed through lack of evidence) The letter seeking permission to appeal to the Upper Tribunal, is in essence, an attempt to re-argue the case and it is not therefore persuasive." But it WAS persuasive, because if I had not written to them, the error of law would have been overlooked. I really do feel that this Judge has already set the seeds of doubt for the second Tribunal next week. I had no idea that such learned professionals could get it so wrong, so I sincerely hope they look at it with fresh eyes & that justice will be done. I will let you know the outcome. Thank you. Pat

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