Strategies for challenging PIP no points

elaine wrote: Thanks for this. I see from the Appeals FAQ that I can request a record of proceedings as well as a statement of reasons, so I might try asking for the written and audio records and see what happens.

The doctor asked why, if I claimed my cognitive problems prevented me cooking, they didn’t affect my driving, which is fairly preposterous, and asked if I had reported my illness to DVLA – leaving me worried that he will report me to DVLA himself out of sheer malice. (Though since I didn’t get any points for cooking presumably I don’t have any cognitive problems anyhow.)

It is interesting that I got DLA LRC on the basis of the cooking test, which as far as I can see equates to 4 points under PIP – but I have not been awarded those 4 points. I made out the case for them in some detail, but no dice.

I am also worried that my ESA Support Group status – awarded on the basis that I cannot mobilise more than 50 metres, because of fatigue – is or will be threatened by the PIP decision that I have no problems walking.

I was asked about my use of social media (I know this was mentioned in another thread), but I don’t do facebook et al.

When I said that my employer had written me off because of my ill health the judge laughed. It really wasn’t a joke.

The HMCTS leaflet about appealing to the Upper Tribunal (which the B&W man recon guide helpfully links to ) says that after getting the First-tier Tribunal's reasons you have to apply to the First-tier Tribunal judge for permission to appeal.
Does this mean it goes to the actual judge who presided? I’d be pleased if it did – I feel I have a record to set straight with that woman, as well as her chum the doctor.

Hi e,

I believe that audio recordings are being made of proceedings at some First Tier Tribunal (FTT) in Scotland. (I am not sure if they are in the rest of the U.K.)

You have one month from the date of your Decision Notice to make a written request for The Statement of Reasons (S of R) and you can also request copy of the Record of Proceedings (R of P) whether it be in audio format or hard-copy.

See : Tribunals – Requesting a Statement of Reasons

Your request for permission to appeal to The Upper Tier Tribunal (UTT) must then be made within a month of the date of The S of R.

You cannot seek leave to appeal to The UTT just because you don't agree with the adverse decision, you will have to show that it is likely that The FTT Panel have "erred in law" in coming to their decision.

See : What is an Error in Law?

"Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

Legal Aid is still available for appeals to The UTT.

It may be the case that the same Judge looks at your request to appeal to The UTT, or it could be a District Judge.

In either case, it is not that unusual for your request to be denied initially.

That being the case, you can seek leave to appeal directly to The UTT.

If your initial request to The FTT is denied, you should receive information of how to seek leave directly to The UTT.

If you appeal gets to the UTT, you should not have to attend in person.

If The UTT agree with you, they will set the FTT decision aside and send your appeal back to The FTT with or without directions.

Your appeal will then be reheard afresh by a different FTT Panel.

There is nothing to stop you making a fresh PIP claim, whether you appeal to The UTT or not.

If you do both, any decision made as a result of your UTT appeal would only run from the date of the original adverse PIP decision appealed until the date of any decision made as a result of a fresh PIP claim.

bro58

Thanks bro.

Hope this isn't too trivial a question, but do I address my request for Statement or Reasons and Record of Proceedings to the Clerk to the Tribunal, or to the Judge?

I always like to put a name on official letters but I'm not sure which is right.

Well I got my Statement of Reasons yesterday.

It actually repeats, in black and white, twice, the tribunal doctor’s statement that my doctor has been struck off.

Having said at the tribunal that this was not the case, I did actually check the GMC website afterwards and as far as I can see from his ‘doctor history’ he has definitely never been struck off. (Suspended for a time yes, as doctors who dare to treat Lyme tend to be; but struck off no.)

So I just don’t know what to do about this – I can’t see what other evidence they would have, and surely to say a doctor has been struck off when he hasn’t is defamation or libel, or at the very least generally unacceptable in a court of law?

In any case, the tribunal doctor’s false statement at the beginning of the hearing certainly set the tone for the whole tribunal, and destroyed any possibility of trust in the integrity of the proceedings.

As for the rest, basically the statement says I am as right as ninepence, fit as a horse, lead a full life at all times of day. I wish. It also says I have ‘a good insight into my illness’ – one wonders why they didn’t believe a word I said about it then.

I requested also the record of proceedings, and have received 7 pages of handwritten scrawl, some of it incomprehensible. I don’t know who took these notes – the clerk sat typing at a computer throughout the hearing so surely I could have had a printout? Is it worth asking for one?

Thanks
Elaine

Hi E,

I don't know where you live, but see the following :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

If you are not covered by one of the areas listed, they may be able to point you in the right direction.

Good luck !!

bro58