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PIP Appeal Refused

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7 years 5 months ago #169735 by monetsgarden
PIP Appeal Refused was created by monetsgarden
I had my PIP appeal at tribunal refused last week. Although I had been awarded the standard rate for both components, I was appealing the decision because I qualified for the enhanced rate. On the day of the tribunal I submitted a detailed letter from my GP, 4 months of a pain and fatigue diary and details of my dismissal from work on health grounds and my ill health pension (which were not even looked at!!) Before PIP I was on the higher rate of mobility and lower rate of care on DLA. My health conditions include, ME, Fibromyalgia, Renal Failure, Arthritis, Gout, Hypothyroidism, Hypoparathyroidism, Raynaud's Disease, Morton's Neuroma, Failed Back Syndrome from multiple spinal surgeries, Astma, Excema, Allergies, menopause, Knee chondorocalcinosis, frozen left shoulder (after two shoulder surgeries) and depression. I am unable to take NSAIDS because of my renal failure and I have had further surgery to have a spinal cord stimulater implanted in my lumbar and thoracic spine. I live with 24hr chronic pain and fatigue and I require help with dressing and bathing and cooking meals. Any exertion I need to rest or sleep afterwards. I have 3 0r 4 major flare ups in a year which often last for 6-7 weeks at a time where I can't do anything and am bedridden and require full care. I want to know why I wasn't awarded the points required for these? I stated in my form that I required help getting in and out the bath and assistance with washing and drying my hair and back as I cannot raise my left arm above the shoulder. My left knee does not flex and have limited movement in it. I only scored 2 points (needs to use an aid to wash or bathe) Surely I should of been awarded the points for this? They didn't award the points for other things either, even though my GP supported this. What I want to know is where do I go from here? The tribunal panel grilled me for an hour and fifteen minutes and were only interested in their questions. They didn't go through the points that I had submitted on the day and was challenging. They were quite aggressive and made me feel like a criminal! I also felt that they were asking me irrelevant questions such as: Who painted your nails? How often do I go to the hairdressers? and what type of car do you drive? Is this relevant?? Is their a higher tribunal I can go to? Please tell me I can challenge the decision and how I would go about doing so. I am so stressed by all this Many thanks.

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7 years 5 months ago #169780 by Gordon
Replied by Gordon on topic PIP Appeal Refused
N

Welcome to the forum.

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?


I'm sorry that the Decision was not what you wanted.

You can appeal the matter further, but not because you disagree with the Decision, only because there was an Error of Law in the proceedings.

What is an Error of Law?

The stage to doing this is for you to request a Statement of Reasons from the Judge who heard your appeal. You need to be aware that a copy of the SoR will also be sent to the DWP which will give them the opportunity to appeal as well and this may mean that they do not implement the current award, so you should consider this before proceeding.

Tribunals – Requesting a Statement of Reasons

Even if you think that there has been an Error, an Upper Tier Tribunal Judge may not agree and the most likely result will be a new First Tier hearing, which may still not make a higher award. This process could easily take the best part of a year,

I'm not trying to talk you out of progressing the matter, just making sure that you understand what it might mean.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: monetsgarden

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7 years 5 months ago #169808 by monetsgarden
Replied by monetsgarden on topic PIP Appeal Refused
Thank you Gordon. Hopefully I have corrected my name. I shall request a statement of reasons and take it from there.

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