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PIP Tribunal

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5 years 10 months ago #213185 by mia
Replied by mia on topic PIP Tribunal
Hi Wolfchile,
My experience of the Tribubal was as mentioned, very poor, but on complaining and asking for the records (expecting a verbatum account of what was said), in order to back up my intended written complaint, I found ther wasn’t one , just the Tribunal “judge’s” statement of reason. That meant it would be impossibl to prove how badly we were treated. As far as appealing to Upper Tribunal is concerned, my personal opinion is that very few people without a company backing them could take up this option. I researched solicitors in the whole of England, and could not find anyone. I had not realised that cutting the legal aid funding means hardly anyone now takes on DWP matters. So, a great deal of research is necessary for a claimant to assess whether there is an error of law themselves. Then, even if there is, going up against a DWP solicitor without any support would make it unlikely that a claimant would be successful again, my opinion. I would think very carefully regarding what to do next, but perhaps a letter of complaint about the Tribunal attitude might be worth pursuing? I don;t think they should be raising matters not raised in the assessment such as questioning you on smoking, seeing anyone etc. That in itself could be incorrect, as only your position at the time of the decision, as documented, should be assessed in the hearing, to the best of my knowledge. I did find some cases overturned by the Higher courts on that basis, but those claiments had a supportive company fighting for them. Best wishes anyway, and I hope after some time, the stress this will have caused you will ease.

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5 years 10 months ago #213191 by Gordon
Replied by Gordon on topic PIP Tribunal
To add some balance, lots of our members have successfully appealed to the UTT without assistance, it's not as difficult as it seems.

Gordon

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