Confusion over PIP hearing and where to go now.

Hi, I was wondering if any here could point me in the right direction.

Brief overview. I have multiple health issues (MS, Crohns, CFS, Inappropriate Sinus Tachycardia on top of Complex PTSD).

I won my ESA appeal in December and just had my PIP hearing last week. I had a really lovely panel. I'm not discrediting them at all, I had very poor advice before my hearing sadly and my CAB advisor didn't prep me well at all.

I was awarded daily living at the standard rate which is fair. I got points for needing social support to engage, and to prep meals.

On mobility I scored 4 points for being able to mobilise 50-200m.

There was a huge miscommunication during my hearing between the Dr and myself. I think we both felt it, she thought she had reiterated her point and I had understood but I didn't. I lost mobility at the enhanced rate over this.

I didn't score points for navigating familiar journeys - she said a 3-5minute radius of my home as an example of this, and I said I knew the area pretty well so it wasn't really a problem to find my way … she then looked at my notes and said "When your psychologist moved premises, what did you do?" This sadly was a really unfortunate example as my psychologist had moved into an office around the corner from my home, so I was still fixated on familiar journeys (and wasn't thinking to myself 'ah this is her asking about unfamiliar journeys' as I had no idea they would ask at all).

I told her it was not a problem as the office was close to my home and next to my Dr's surgery. She then said "What if hadn't known where it was? … and I just kept thinking that I would know where it was because it was right around the corner - I said "well if for any reason I got lost I'd use Google maps".

That screwed it for me … she assumed I was fine to navigate unfamiliar territory alone, when I was referring to a street around the corner.

I do not navigate these types of journeys alone - ever, and hadn't been prepped to answer these questions. I lost my mobility award due to this, the judge came out and told me his decision and said he was sorry he couldn't award me more for mobility, I was a little confused.

This answer is totally wrong, I have rang the Tribunal helpline and have been told to write and ask for the judge to make a correction based on this - or to ask for the decision to be set aside. I have written a letter asking for a statement of reasons (even though I know where it went wrong), and asking for a correction FAO the judge who heard my case.

I feel everyone on that panel could feel a misunderstanding but didn't know, like I didn't what the problem was … my friend that came with me said as soon as we came out "You missed something she aaas trying to say to you in there I just don't know what".

I can't bear the thought of appealing to the Upper Tribunal, or potentially losing the rest of my award to get my case re-heard.

I am not sure if your panel can review your case? If you get it set aside can you get the same 'first - tier panel' as saw you originally so you can revisit a particular point, I aaas told on the phone today you can request the same panel but there are no guarantees. In the same way I could write my letter requesting a correction FAO the original judge but he might not see it.

I'm so lost and exhausted, I have just lost the whole of the mobility for 2 years and I am heartbroken and very dismayed with my CAB lady, she caused me more issues that she did help me really.

I think my original panel would agree with me if they heard me say this stuff - as this answer didn't correlated/fit in with any of my other circumstances. It was a bit of a cock up.

Anyone have any insight here, I have three weeks to make a move, and I want to make the right one.

Many thanks in advance.

Hi Gordon, and thank you for your reply, I do not qualify for not being able to follow the route of a familiar journey.

It's the unfamiliar journey - when she gave an example of what she thought was an unfamiliar journey it was actually a 'familiar' journey to me. So I was thinking about it being just around the corner - and she asked "what if you'd been unsure of where it was?" I was still thinking 'Well it wouldn't have been far at all, I know that road well - I guess I'd use google maps'

I was just exhausted and didn't pick up at all that she was asking me about an unfamiliar journey … that's the issue. I'd had really poor input for my hearing (which I now realise to be the case), I didn't really know that was a place I could score points, and I feel really gutted as I don't make unfamiliar journeys alone ever - just a bad example was given and I took her very literally.

I am questioning whether to ask for the statement of reasons now, I'm not sure I want to - the Tribunals office told me to ask for a correction and write a letter for the Judges attention, but it's more a 'slip of interpretation' than a slip of the pen, as stated reason to ask for a correction. Maybe i'll just have to suck it up. I'm just sad, as I had a couple of people say to me after my appeal I'm surprised you didn't win the mobility off the back of your mental health, I told them I didn't even know you could - and they asked why my advisor hadn't homed in on that/they mentioned 'unfamiliar journeys' and as soon as they said that I knew that was what she was implying in her questioning - I just hadn't picked up on it at ll during the questioning.

Hi Gordon,

I apologise my first post was so confused - I am confused …

I do not want to risk my entire award, even though my case (as I can see) is a sound one. I did only score 8 points for daily living - and I need that money. If the whole case was reviewed and I lost that, I'd be heart broken.

I have had a few people talk to me of Supersession (based on a decision being made without a true refection of the facts), I have been told this would include 'misunderstanding' .. I am sure my original panel would have an AHA moment if presented with this misunderstanding, as I have PTSD me navigating unfamiliar territory alone is virtually unthinkable - and they knew that, I'm not sure they could believe I'd said what I did, but they were not aware I'd misinterpreted them.

I only realised when I got my decision through the post.

Does a supersession just home in on one aspect and leave the rest of your decision untouched? Are you familiar with supersession?

I may be interested in pursuing this, if what I have been led to believe about the process is correct.

Many thanks