Lost PIP appeal, lost entire benefit

Lizziebobs wrote: 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.

Be very careful of using a solicitor!

They cannot advise on the case until you have requested and received the Statement of Reasons from the Judge as it is only at this point that you can establish whether a potential Error of Law has occurred.

You should ask them what experience they have with appealing to the Upper Tribunal for a Social Security benefit, this is a specialist area that most solicitors do not have experience of.

You may be eligible for Legal Aid in any appeal, you should properly understand what fees will be payable by you before proceeding.

Gordon

Lizziebobs wrote: thank you for your help so far. Unfortunately the solicitors I contacted do not do PIP appeals so I need to find another one, they suggested via the Law Society, but I wondered if any members on the group could recommend someone? I am in Lancashire.

Do an internet search for "welfare advice" with you postcode, town or county.

Gordon

Lizziebobs

You need to start thinking about whether you should make a new claim or not, an appeal to the Upper Tier Tribunal could take the best part of a year with no guarantee of success.

You do need to be aware that a new claim will result in a new Decision and that this will override any Decision made at an appeal, so taking a worst case scenario; if your UTT appeal ended in an award and the new claim is rejected then it will be the Decision on the new claim that will be taken forward, although it will have it's own right of appeal.

The advantage of a new claim is that you get to start from scratch but with an understanding of all the reasons that your current claim has been unsuccessful.

Gordon