Can you appeal a PIP’s appeal decision?

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  • #148583
    Elliot
    Participant

      Been informed today that my daughter has won her PIP’s appeal. She’s been awarded enhanced care but not mobility despite her being totally incapable of planning and carrying out a journey.

      Can we appeal this decision and if so how?

    Viewing 9 replies - 1 through 9 (of 9 total)
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    • #148594
      ChrisK
      Participant

        If I remember right when I went to appeal tribunal their decision is more or less final and the only way to over turn any outcome of an appeal is if there’s a misunderstanding of a point of law that’s never been tested before at a tribunal court.

        I had a trainee solicitor at my tribunal but won my case in court so the subject of point of law was mentioned to me as a way forward should I of lost my case and having won it, it was never ever mentioned again so can’t help and I’m sorry for being so vague.

        For some good advise try putting this question over on https://youreable.livingmadeeasy.org.uk in the “benefits help and advice” forum and lookout for a forum member under the name of “nukecad” who knows a lot about how disable benefits works and points of law.

        #148609
        Elliot
        Participant

          Thanks ChrisK I’ll do that today.

          #148623
          Mark

            Does this mean you’ll lose your car?

            #148628
            joss
            Moderator

              Right I read that totally wrong. As Elliot daughter has already appealed and gone to tribunal. My apologies for any confusion in my previous reply.


              @Elliot
              as you have already been to tier one tribunal. If you are thinking of taking you case to the upper tribunal, then you should request a SOR ( Statement of Reasons) first. This document outlines your case and the tribunals findings.

              You may find this useful in helping you understand the procedure  https://www.theukrules.co.uk/rules/employment/benefits/entitlement/appeals/social-security-tribunal-decision.html

              Joss
              Current car: Peugeot 308 GT Premium 1.2 Pure tech Petrol.

              #148640
              Richard

                If that decision was the basis of a MR then your next step is tribunal. Get dome advice & help because a tribunal can award down as well as up.

                Look up fightback4justice on Facebook they did all my paperwork no win no fee & if you win you pay them their fee put if your back pay so there’s no real financial hit that way. They’re superb people write superb papers & will phone talk you thru everything too.

                You’ll wait 8-12 months for a tribunal & if they increase the award that figure will be backdated to your last award notice.

                If you lose a tribunal you can take it to a higher tribunal only on a point of law, ie those before made a mistake in law.

                Hope you get it sorted, I had to go to tribunal, thanks to paperwork done they found in my favour inside 3 minutes everyone there Inc security were lovely lovely people too & I was literally shaking I was terrified.

                #148645
                Richard

                  Apologies I was in a rush & didn’t lick up the whole story.

                  You can realistically only take it to the next stage if there was a breach of law, get some advice. Id gather all your paperwork then speak to Fightback they can advise you fully. I would not advise going further without professional help.

                  Your other option would be to trigger a reassessment by notifying the dwp of a change in disability but again seek advice before doing anything as you could end up losing the entire award if not careful.

                  #148646
                  Elliot
                  Participant

                    Thanks Joss and Richard. My daughter has several disabilities and had been receiving DLA then PIP’s since the age of 8. Then suddenly the assessor decided that she didn’t fit any of the criteria and awarded her nothing despite her GP being in complete support of her case. We then took it to tribunal but despite the GP saying she couldn’t plan or follow a journey and certainly couldn’t travel unaccompanied, the tribunal still turned her down for the mobility component. In my view, they are ignoring her GP and saying they know more than he does. I’m pretty sure if the tribunal had been in person rather than on the telephone, their decision would have been totally different. I will speak to the people you suggest as I think to ignore the GP is in itself a mistake by the tribunal judge.

                    #148663
                    Richard

                      I’ve seen this happen usually when the paperwork has been returned by those who have assumed that those details will do & don’t have access to case law. No offence intended to anyone involved to date in your case but the tribunal paperwork I’ve seen submitted on my behalf was incredibly involved & complex. The more ammo you can put in the panels hands the more likely they are to find in your favour.

                      I would strongly recommend getting in touch with fightback before doing anything else

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                      They have a priority subscription service for a monthly fee where you get priority contact etc you can join that & get responses or use their Facebook page & talk to them for free advice.

                      My MR & Appeal ultimately cost me £300 for all their paperwork & submissions & I only paid that after I got my back pay. They submitted hundreds of pages of stuff too it was amazing.

                      I wonder if the telephone tribunal is a grounds for appeal in itself, definitely talk to either fightback or a welfare rights person they’ll get you straight. I’m sure given the right advice you can make moves to get this mistake corrected.

                      #148691
                      Elliot
                      Participant

                        Thanks Richard I will certainly do that tomorrow.

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