Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: First Tier Tribunal, lost points

First Tier Tribunal, lost points 2 months 5 days ago #213875

Yesterday I attended a FTT with my 26 yr old daughter who has clinical depression and anxiety after 7 months of fighting for PIP . Initial assessment scored 0 points, after mandatory reconsideration she was awarded 6 for daily living and 2 for mobility. We gave the clerk 4 pages of pip diary when we got there which I now realise was a big mistake as after we entered the court room we were told by the judge that if we wanted these papers considered she would have to adjourn the hearing. At that point my daughter became very distraught and was told by the judge to leave the room to compose herself. The judge then told me that it would have been better if my daughter had brought a proper rep ! Once my daughter returned the judge said to her that she should have requested a domiciliary hearing and did she still want to go ahead. We agreed, not wanting the process dragged out any further, and the questions started. My daughter answered the questions with some difficulty, at one point I tried to pass her a note to remind her of something she needed to say but was told her the Judge not to. To cut a long story short all her points were lost, apart from being awarded 2 for engaging with people face to face ,advice we'd previously been given in regard to applying the descriptors for mental health problems were disregarded. We are requesting a statement of reasons. Would being represented by a proper rep made a difference? Would they have been able to prompt and help her during the questions? Are we just better off starting the whole process again ?

Please Log in or Create an account to join the conversation.

First Tier Tribunal, lost points 2 months 5 days ago #213885

H

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



You may have struggled to find a trained Representative and even if you had most are unable to attend a hearing.

An appeal to the UTT can only be made on the basis of an Error of Law

What is an Error of Law?

The most likely result, if successful, is a new FTT hearing and it could easily take a year for this to happen.

She can make a new claim for PIP immediately, there is no waiting time.

There are clearly issues with your daughter's claim that you will need to address whatever your next action is.

Gordon
The following user(s) said Thank You: Helen Logan

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke