Lost PIP appeal, lost entire benefit

I lost my PIP appeal today, and lost the entire benefit

When I took advice from welfare rights they told me I had a good case. I made sure everything I said was honest and just what I put on the application form. I went into detail about how when I turned up for medical it was cancelled, and I was allocated another on 30 miles away that afternoon and how much it upset me, and that the ME clearly hadn't read through my application before the medical as she was a mental health nurse and knew nothing of fibromyalgia or ME or diabetes. I pointed places out on the report where she did not consider the side effects of my medication, she did not consider the after affect and fatigue experienced after even short walks. And I was really detailed about how I forget to take my medication but all they cared about was a pill organiser, they would not accept that I would forget to find the pill organiser and take the pills.

I turned up and did my best even though I could barely speak and had been to the doctors this morning as I'd lost my voice.

I feel like they have ignored every bit of verbal evidence I gave and called me a liar, despite the fact I was in tears describing how I used to be a financial adviser with my own business and my mental health deteriorated after the credit crunch when I had a breakdown.

I don't know what to do now, my husband won't be able to stay home to help me take care of myself and the children and I just cannot understand how they have come to this descision - obviously, the refusal doesn't contain a statement of reasons.

I need help

I am so sorry to hear this Lizziebobs

You are only able to take this claim further if you can demonstrate an Error in Law in the tribunal decision. This does not occur often but you have nothing to lose by requesting a Statement of Reasons.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You can apply again for PIP straight away.

I also recommend that you look at the turn2us website to see if there is anything else you can claim

www.turn2us.org.uk/

I am so sorry to read this, it is SO CRUEL! I can't believe what's happening to good honest people. You're in the best place here Lizziebobs, keep strong xxx

Hello

many thanks for your kind response I am a lot calmer now than I was when I read the thread

My husband believes there has been an error in law. At the beginning of the tribunal the judge asked me how many pages I had. I had 124 and he had 129, but he waived it saying it was "just papers from the last adjournment" which means there was something in the bundle I hadn't seen

Also

At the beginning of the tribunal, upon the advice of my welfare rights advisor, I asked on what descriptors it was felt the award was at risk when it was adjourned at the last hearing. The judge would not tell me, but in the benchbook on this site it specifically stated that "there is no harm in letting the appellant know".

I went to the tribunal with sudden onset bacterial tonsillitis, and they had to keep asking me to repeat myself, as I was barely audible

and added to that, the judge had to send someone out of the room to "get more paper" when he clearly had lots of paper left in his pad. he actually sent the person out to stop two employees talking loudly and laughing hysterically in the corridor. At this point I was giving an essential piece of evidence surrounding a very emotive period/subject in my life and I thought they were laughing at me.

In addition to this, the medical was a mess up from start to finish, I turned up at one venue to be told ATOS were not there and it had been cancelled, I attended a second venue 30 miles away later that afternoon and the assessor was a MHN who knew nothing of fibromyalgia, ME or diabetes and did not consider the repeatedly, reliably, and in a safe manner when assessing my walking etc.

I also gave the tribunal the benefit and work wording for preferring judge agnew over judge Jacobs on the planning and following a journey descriptor.

So surely, somewhere in all of that there is grounds for the judgement to be set aside. My husband is encouraging me to reapply for PIP immediately but I'm afraid I cannot face it just yet.

You need to get the bundle of documents the judge had.

Your point of law, if there is one, lies in the five page discrepancy and what was missing from yours.
You are entitled to legal aid for an upper level tribunal. You have to ask this judge for leave to appeal but if he doesn't grant it you can apply to the upper tribunal direct.

Thanks for your advice

I've contacted Irwin Mitchell solicitors and am awaiting a call back, they will be able to decide if my case has legs to go forward to an upper tribunal and I obviously as going to take the legal support I'd be entitled to

Still feel pretty bad, my emotions are all over the place and my heart is literally hurting from all this. My mood is dropping rapidly so I may need to see the doctor to get my antidepressants changed as I'm already on max dosage. Thankfully my husband is being supportive and telling me not to worry, he'll tweak the finances and earn what he can repairing computers until its all sorted.

I really have lost faith in human nature though. They most definitely had already decided what they were doing with my appeal before I even sat down.