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PIP tribunal,Lost i,anyone gone onto second tier?

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7 years 5 months ago #170928 by Karen
Hello ,I finally got the brown envelope after very scary tribunal and although I got 6 points awarded ,the tribunal would not award me anymore so therefore lost.Was not asked at the end if I had any questions and the lady from local Aspergers group couldnt make the date of the tribunal so I just wondered if anyone has won by going furthur?

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7 years 5 months ago - 7 years 5 months ago #170963 by slugsta
Hi Karen and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry you are going through this :( I'm afraid the likelihood of you being able to take this further is low. You cannot go to the Upper Tier because you do not agree with the appeal decision, only if you can show an 'Error in Law' at the hearing.

Your first step would be to request a Statement of Reasons' from the tribunal. This is easy to do and will cost on the price of the postage, so there is no reason not to go ahead with this. It must be done within 1 month of the decision.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?


It can take several months for the SoR to arrive. You would then have a further month to request permission to appeal to the Upper Tier on the grounds of an Error. You would need an expert to look at the SoR and tell you whether there might be an Error. Legal aid is still available for 2nd tier tribunals for those who are eligible.

If the Upper Tier agree there has been an Error, the most likely outcome is that they would send your case back to the 1st tier for a further hearing.

So, as you can see, this is a slow process even for people who can take it further. It can take a year or more to be completed.

Have you considered reapplying, you could do this straight away?

If you have further questions, please reply to this and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.
The following user(s) said Thank You: Karen

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