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TOPIC: Won PIP Appeal but...

Won PIP Appeal but... 1 year 5 months ago #191346

Hi, just want to thank Benefits and Work for all the information that helped me put together my appeal. I represented myself as I could not find an advocate. I went from no award of PIP, to standard rate daily living and standard rate mobility :)
However, I am asking for a statement of reasons as all my mobility points were on the moving around activity. I scored 10 points, "using aids I can move between 20m and 50m". I am happy with that, although still annoyed with the government's unfair 20m rule, which if they had left at 50m would have meant I qualified for high rate. Under DLA I got high rate mobility. My main disappointment was getting nothing under the following journeys activity. I suffer from fibro fog (confusion, memory loss, difficulty processing information) and chronic fatigue which makes it difficult for me to cope on my own. I can only follow familiar routes when driving for about 5% of the time (based on how many hours I can drive in an average month) I cannot use public transport and need someone with me if I go anywhere unfamiliar, roughly beyond a five mile radius of my home. I feel neither the DWP ATOS or the tribunal panel accept that fibromyalgia causes cognitive function difficulties. I become very distressed and anxious when I go into "shutdown" as I cannot understand where I am, how to get home, how to ask for help. All I want to do is sleep, as in pass out anywhere I can sit down (the pavement on several occasions) My extended family go everywhere with me to make sure I get home safely. But this does not seem to matter for mobility activity one. I am of course upset as I lost my mobility car, which my son could drive me around in when I am too ill to do so. Now I am car-less and dependant on lifts from my parents for the sake of 2 points :( I will see what reasons the tribunal judge gives as to why I was not awarded any points for this activity and then consider my options.

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Won PIP Appeal but... 1 year 5 months ago #191353

Misty

Congratulations on the award that you have received, well done.

Be aware that you can only appal to the UTT on the basis of an Error of Law not because you disagree with the Decision. If the panel did not consider whether you met the Going Out Descriptors the this might be an Error, but if they did and decided you did not meet them criteria then it may not.

What is an Error of Law?

Gordon
The following user(s) said Thank You: Misty68

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

Won PIP Appeal but... 1 year 5 months ago #191369

Yes, thanks Gordon. I will only know when I receive the statement of reasons. If they explain why they did not award me points for this activity, then so be it. But if there is no adequate explanation, or they omitted to consider this activity (which would be unlikely as we discussed it during the tribunal) then I may take it further. I also want to be sure they have not applied the new law to my case as the decision was made before it was implemented. All I can do now is wait.

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Won PIP Appeal but... 1 year 4 months ago #194289

Hi Gordon, update on my case. I have the tribunal statement of reasons and it is a farce. They even got my date of birth wrong, presumably getting me muddled up with another appellant that day. They have IMO made an serious error in law and should have awared me points in mobility activity 1, planning and following journeys. The judge has mis quoted things I said at the hearing and in my appeal bundle and made poor, erroneous decisions on why I cannot follow a journey. They even describe/dismiss my metal fatigue and cognitive function problems as " just getting into a state" and compare trying to use a SATNAV why driving to using a laptop at home! I clearly stated that I cannot focus on the SATNAV as all my attention and concentration is on driving the car and the road. I cannot cope with further information/ distractions. The statement was riddled with mistakes and inaccuracies. So I wish to go to a UT but do not know where to turn for help. Is Citizen's Advice the only place to go? My local one is so over whelmed with clients they do not even answer the phone or door.
I was not prepared for the emotional impact of seeing the tribunal S.O.R. We are used to ATOS and the DWP treating us like numbers but to feel invisible and unimportant to even a tribunal, so much so that they confuse you with someone else (just another sick person) and belittle your difficulties, is tough to swallow. Apparently the knock out effects of multiple drugs is "being in a bit of a fizz" whatever that means! Sorry for rant Gordon but only people here understand.

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Won PIP Appeal but... 1 year 4 months ago #194315

Misty

Please understand that we are extremely limited in the advice that we can give in regard to an appeal to the UTT as we have no sight of any of the papers involved.

What is an Error of Law?

I'm afraid I can't state with any certainty that any of the issues that you raise would be an Error.

To try and find advice do an internet search for "welfare advice" with your postcode, town or county.

Gordon
The following user(s) said Thank You: Misty68

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

Won PIP Appeal but... 1 year 4 months ago #194408

Thanks Gordon. The error I believe the tribunal made was they failed to apply the 12 month rule and just based their decision on how I was on a certain day. Also, to get something as basic as my d.o.b wrong is a serious flaw in their judgement. Quite a lot of their reasoning was not based on what was discussed or in my appeal bundle and seemed to be about someone else.
Anyway, I realise B & W cannot help in this and I am now alone if I wish to continue and appeal further. There is no welfare advice in my area, other than our seriously overstretched CAB.
Regards, Misty.

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