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Lost my PIP appeal, what next?

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7 years 8 months ago #165696 by Jo
Lost my PIP appeal, what next? was created by Jo
Hi. I need advice please. I recently had my pip appeal and they stood by DWPs original decision in only awarding standard rate of daily living component. I only scored 4 points for the mobility component. I used to have an indefinite award of DLA high rate mobility but lost that along with my adapted car when I migrated to PIP last October.
The local CAB could not support me but using information from this website. I prepared myself for challenging the medical evidence. When I got to the tribunal though. They said they didn't use the HPs medical evidence to make a decision but my medical records and my answers. I wasn't prepared for this as no one told me they where discounting the HPs evidence until the day of the hearing. I was also accused of bribing my GP for medical evidence because CAB advised me to get evidence from them but I had to pay as with all private matters with my GP. The tribunal said it looked suspicious though. I was very confused at the hearing. The medical representative kept asking me about how I am not not when the decision was made. I really don't know what to do. Thanks to anyone who can offer any insight.

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7 years 8 months ago #165708 by Gordon
Replied by Gordon on topic Lost my PIP appeal, what next?
Jo

I'm sorry your appeal was not successful.

I am afraid your options are limited, you can only take the matter further if you can show that there was an Error of Law in the proceedings, not because you disagree with the Decision itself.

What is an Error of Law?

If you do want to take the matter the further then the first stage is to request a Statement of Reasons from the Judge of the your hearing.

Tribunals – Requesting a Statement of Reasons

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 8 months ago #165730 by alison
Replied by alison on topic Lost my PIP appeal, what next?
hi jo.
so sorry to hear your tribunal didnt go in your favour, . ime also appealing for PIP and waiting for a date to attend ,, i thought by reading the guides on here that writing your submissions were based on the decision of the DM and HA. the points scored,and showing your unable to do these activities plussending any medical evidence off to support your claims if possible , ,ime worried now after reading your post amd what they said to you ,, i also have asked for copies of my medical records and there was a charge of £25 for them , When i sent my PIP2 form off i didnt have any at the time as ide sent some off with my esa claim and didnt recieve them back , you must be so devastated i truly feel for you after going through all this and not being succesfull it been 7 mths so far from ringing up to claim PIP for me and no doubt another few mths till i have date to go . maybe it be worth you asking for a statement of reason and see if there is any error in law , but ide try and find a welfare rights advisor for them to maybe look through it or CAB as they will know if a error has been made ,good luck if you go down that option ,,
alison,

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7 years 8 months ago #165732 by Jo
Replied by Jo on topic Lost my PIP appeal, what next?
Thanks Gordon.

I am thinking that there is not much point to asking for their summary as I do not believe there has been an error of law. I know the disability person kept referring to when my assessment took place but the doctor referred to the present. However, this alone will not allow me to challenge it and after 10 months of stress, I don't really want to continue down this road.

Am I able to ask to be reassessed? I have recently had some tests that have revealed additional causes of some of my pain and my spinal issues have become more apparent over the last few months. I am waiting to see a spinal specialist so was wondering if I should ask to be reassessed after I have seen the specialist when I should have more supporting evidence of my mobility issues. If I asked to be reassessed, will DWP use the information from my appeal to make their decision? Thanks in advance Jo

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7 years 8 months ago #165736 by enigma75
Replied by enigma75 on topic Lost my PIP appeal, what next?
I'm so sorry to hear that, Jo. I'm shocked that they accused you of bribing your GP, when so many surgeries charge for letters etc these day. Surely that's putting you at an unfair disadvantage? How are you supposed to get the evidence you need if the surgery charges for it but the tribunal consider it suspicious if it's been paid for? I hope it was a misunderstanding :unsure: .

I hope you can get further advice, and that the Statement of Reasons gives you some useful answers.

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7 years 8 months ago #165757 by Gordon
Replied by Gordon on topic Lost my PIP appeal, what next?

Jo wrote: Thanks Gordon.

I am thinking that there is not much point to asking for their summary as I do not believe there has been an error of law. I know the disability person kept referring to when my assessment took place but the doctor referred to the present. However, this alone will not allow me to challenge it and after 10 months of stress, I don't really want to continue down this road.

Am I able to ask to be reassessed? I have recently had some tests that have revealed additional causes of some of my pain and my spinal issues have become more apparent over the last few months. I am waiting to see a spinal specialist so was wondering if I should ask to be reassessed after I have seen the specialist when I should have more supporting evidence of my mobility issues. If I asked to be reassessed, will DWP use the information from my appeal to make their decision? Thanks in advance Jo


Yes, you can report a Change in Circumstances, you do need to be aware that this will result in a full reassessment of your claim, a new PIP2 to complete and more than likely a face to face assessment.

Your existing award will remain in place until a new Decision is made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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