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PIP appeal rejected at tribunal, what next?
- Freda123
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4 years 7 months ago #251068 by Freda123
PIP appeal rejected at tribunal, what next? was created by Freda123
I applied for PIP in March 2019 when I was told I was being migrated from my indefinite DLA away (higher mobility rate, lower care rate). My application was rejected in September and I went through all the stages of appeal. Finally, this week, I attended the appeal tribunal by phone.
I'm astonished to have been turned down flat. I followed all the instructions in the B&W literature and would have thought I had an extremely strong case. Every day I struggle with the tasks of daily living and struggle to walk enough to leave my home.
What can I do next? I assume there's nothing I can do about this past application but I want to apply afresh. How can I find out what I did wrong?
I'm astonished to have been turned down flat. I followed all the instructions in the B&W literature and would have thought I had an extremely strong case. Every day I struggle with the tasks of daily living and struggle to walk enough to leave my home.
What can I do next? I assume there's nothing I can do about this past application but I want to apply afresh. How can I find out what I did wrong?
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- Gary
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4 years 7 months ago #251077 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP appeal rejected at tribunal, what next?
Hi Freda123
First you have to ask the tribunal for a 'statement of reasons'. You must ask within a month of the decision - the letter from the tribunal tells you how. It's complicated to show that the tribunal made an error of law. Contact your nearest Citizens Advice or welfare rights centre for help as soon as possible.
You can apply again if your condition has deteriorated.
Gary
First you have to ask the tribunal for a 'statement of reasons'. You must ask within a month of the decision - the letter from the tribunal tells you how. It's complicated to show that the tribunal made an error of law. Contact your nearest Citizens Advice or welfare rights centre for help as soon as possible.
You can apply again if your condition has deteriorated.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Patel
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4 years 7 months ago #251087 by Patel
Replied by Patel on topic PIP appeal rejected at tribunal, what next?
Freida
I deeply sympathise with you. The fact of the matter is DWP awarded you " high rate mobility" indefinate- meaning you are virtually unable to walk and you are unlikely to get
better. The difference with PIP is the distance you can walk(manage) reduced from
50 to 20 meters. To me simply on the basis of high rate mobility indefinate you have a case. However the system can be harse and unfair.
I am not sure if there is upper tribunal but if you feel there is error in law you should get
further advice and pursue.
All the best.
Patel.
I deeply sympathise with you. The fact of the matter is DWP awarded you " high rate mobility" indefinate- meaning you are virtually unable to walk and you are unlikely to get
better. The difference with PIP is the distance you can walk(manage) reduced from
50 to 20 meters. To me simply on the basis of high rate mobility indefinate you have a case. However the system can be harse and unfair.
I am not sure if there is upper tribunal but if you feel there is error in law you should get
further advice and pursue.
All the best.
Patel.
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