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PIP Tribunal Appeal is refused.
- Chell
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6 years 11 months ago #189210 by Chell
PIP Tribunal Appeal is refused. was created by Chell
I went for my tribunal Monday and subsequently Tuesdays letter stated I had been refused.
I was puzzled and bewildered as to why since they requested my medical notes and there was a lot of recent visits as my Meniere's has been more problematic, plus due to the depression and lack of appetite, I'm suffering a few nutritional deficiencies that cause problems of their own. I've been through the site, looking for answers as what to do and am now aware that the tribunal panel couldn't take into account the recent problems or deterioration of the Menieres, so, my question is, do I apply afresh? Will my previous claim stand against me as I took it to tribunal?
I have since been awarded a Blue Badge that was done independently through my LA so someone actually got the impact of my problems.
Thank you so much for all your help.
I was puzzled and bewildered as to why since they requested my medical notes and there was a lot of recent visits as my Meniere's has been more problematic, plus due to the depression and lack of appetite, I'm suffering a few nutritional deficiencies that cause problems of their own. I've been through the site, looking for answers as what to do and am now aware that the tribunal panel couldn't take into account the recent problems or deterioration of the Menieres, so, my question is, do I apply afresh? Will my previous claim stand against me as I took it to tribunal?
I have since been awarded a Blue Badge that was done independently through my LA so someone actually got the impact of my problems.
Thank you so much for all your help.
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6 years 11 months ago #189239 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal Appeal is refused.
Chell
You have two options;
You can take the matter further but not because you disagree with Decision, only because you think that there was an Error of Law in it's making. The process can easily take the best part of a year and the most likely outcome is a new tribunal which would still be limited to your conditions as they were at the time of the original Decision.
Or, you can make a new claim for PIP, there is no waiting time. Your having appealed the previous Decision will not be factor nor will that original Decision. It is basically start from scratch.
Gordon
You have two options;
You can take the matter further but not because you disagree with Decision, only because you think that there was an Error of Law in it's making. The process can easily take the best part of a year and the most likely outcome is a new tribunal which would still be limited to your conditions as they were at the time of the original Decision.
Or, you can make a new claim for PIP, there is no waiting time. Your having appealed the previous Decision will not be factor nor will that original Decision. It is basically start from scratch.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Chell
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6 years 11 months ago #189248 by Chell
Replied by Chell on topic PIP Tribunal Appeal is refused.
Thank you so much Gordon.
I was thinking more toward option two as option one would not be beneficial if the deterioration of my condition can't be taken into account.
I wasn't a member of this site when I made my first application so I will definitely be using the advice from your resources for my re-application.
Can I just ask, I know as from the 6th March the criteria in regards to mental health changed, but does that mean anxiety/depression is disregarded now? I'm quite complex in the fact that I have Asperger's Syndrome with severe social anxiety that can make me extremely introvert or actually annoyingly extrovert, PTSD, OCD, general anxiety over everything and depression. A lot of my disability is associated with mental health but the Meniere's is more physical in the sense of mobility. I can't go out alone because I've had three episodes of drop attacks since November. I can't predict an attack, it's a case of violent vertigo and I literally drop to the floor, but, I have a constant fear of this which is a catch 22 because the anxiety exacerbates the Menieres anyway. I'm just wondering if it's still valid to include the mental health issues, my depression has lead to nutritional issues through lack of appetite for example.
Sorry to bombard you with my questions, I'm gearing myself ready for round two.
Thank you.
I was thinking more toward option two as option one would not be beneficial if the deterioration of my condition can't be taken into account.
I wasn't a member of this site when I made my first application so I will definitely be using the advice from your resources for my re-application.
Can I just ask, I know as from the 6th March the criteria in regards to mental health changed, but does that mean anxiety/depression is disregarded now? I'm quite complex in the fact that I have Asperger's Syndrome with severe social anxiety that can make me extremely introvert or actually annoyingly extrovert, PTSD, OCD, general anxiety over everything and depression. A lot of my disability is associated with mental health but the Meniere's is more physical in the sense of mobility. I can't go out alone because I've had three episodes of drop attacks since November. I can't predict an attack, it's a case of violent vertigo and I literally drop to the floor, but, I have a constant fear of this which is a catch 22 because the anxiety exacerbates the Menieres anyway. I'm just wondering if it's still valid to include the mental health issues, my depression has lead to nutritional issues through lack of appetite for example.
Sorry to bombard you with my questions, I'm gearing myself ready for round two.
Thank you.
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- Gordon
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6 years 11 months ago #189255 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal Appeal is refused.
Chell
The changes only apply to the Going Out activity (see below) and only to some of the Descriptors, so it is still possible to score points mental health issues.
There has also been a change to the Managing Therapy activity that is not mental health related.
The changes are described in the current PIP Claim guide.
Gordon
The changes only apply to the Going Out activity (see below) and only to some of the Descriptors, so it is still possible to score points mental health issues.
There has also been a change to the Managing Therapy activity that is not mental health related.
The changes are described in the current PIP Claim guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kazzy
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