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TOPIC: PIP phone appeal

PIP phone appeal 2 weeks 5 days ago #247972

Hi could I ask your advice have just had my appeal heard by a judge, doctor and disability expert by phone after waiting a year I didn't think it went too well which it didn't as I had a letter the very next day saying a new decision had been refused. .I have type 1 diabetes for 42 years and all the health issues associated with it including sight probs, high blood pressure and stage 4 kidney disease (now on kidney transplant register - judging panel were not interested in that fact) and osteoarthritis in all joints including hands and feet. Before PIP assessment I was on full personal care and low mobility after assessment i was changed to low personal care and no mobility . In the first report it was stated I could crouch mid way and from a lying down position could lift my legs - I never once moved from my seat especially to lie down - a blatant lie also several other discrepancies which I pointed out and was ignored in request for reversal of decision and also at hearing. My question is should i ask for another tribunal or just start a new PIP claim as my health has worsened in the last 16 months since first assessment . I would be very interested in everyone,s opinion

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PIP phone appeal 2 weeks 4 days ago #247975

Hi Dalelady1

I can't tell you what to do in this situation. I do think you should ask the Tribunal Services for a 'Statement of Reasons'. This will give you a clear indication of what was said and why they came to the decision. In order for you to appeal to the Upper Tribunal you would have to show that they made an error in applying the law to your case, so you need to see what was said.

When you see that it may make it easier for you to make a decision. If you just try and close your current claim and try and start a new one, they will look at what has just happened and that might bear some impact on your new claim.

You could put in for a change of circumstances - as you say your situation has deteriorated. It will be imperative that you have some medical evidence to back this up. This isn't easy in the current situation, but it may be that you have to pay to access your GP's notes, if you can't get a letter from them.

Also, if you didn't use our guide when you applied, have another look to see whether you detailed your issues against the criteria. It's not the conditions themselves that are so important, but showing how they impact on the criteria laid out. I'm not saying you missed doing this, just try and check with objective eyes. I know that's not easy when you have just had a crushing disappointment, especially after such a long wait.

BIS
The following user(s) said Thank You: Dalelady1

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

PIP phone appeal 2 weeks 4 days ago #247980

Thank you for your advice I will ask for the statement of reasons and take it from there.

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