Pip tribunal

Hi flower123

I has happened to me once before but the claimant passed out at the end of the Tribunal as we were walking out of the room. If you do pass out partway through then the Tribunal would stop and I would assume that emergency services would be called to check on you.

Have a look at my practical advice below, make sure you have a glass of water handy in case your throat dries up, at a face to face hearing there is always a glass of water handy.

Good luck and let us know how you get on.

Gary

Hi flower123

Sorry to hear you Appeal was not successful, were you given any help or did you represent yourself?

There are many Law Centres, Welfare Rights Organisations and CAB's that can assist with appeals to the Upper Tribunal, and an Welfare Rights Adviser would be able to help draft letters, and/or represent you during the appeal process, this is often free of charge. Have a look at advicelocal.uk where there are details of advice centres. Hopefully there will be one near you.

If you think that the original tribunal (First Tier Tribunal) has given the wrong decision, then you will need to ask within one month of the decision for the written Statement of Reasons (WSOR) and the Record of Proceedings (ROP), (The ROP may well comprise a cd recording if this was a phone conference hearing - if so you may need to transcribe what's said, or at least write down the crucial bits and a time.)

You can only appeal to the Upper Tribunal on Points of Law. If the DWP disagree with the decision made by your Tribunal then they can also appeal to the Upper Tribunal.

The same process applies to the DWP as it does to you, they will have to apply for a Statement of Reason within one month of the decision, if they do then a copy will be sent to you.

If you’re appealing because your benefit was refused or stopped, you might be able to start a new claim while you’re waiting for your appeal decision.

You can do this if:

* your circumstances have changed - for example, your income has reduced
* you claimed a disability benefit and your condition has got worse or you’ve developed a new one

It’s worth making a new claim if the changes mean you’re now likely to be accepted for the benefit.

Your appeal will still continue. If it’s successful, any payments you’re owed will cover from the date your original claim was made, to the date of your new claim.

If the appeal is for a benefit you were getting that was stopped, the payment will cover from the date the benefit was stopped to the date of your new claim.

If your appeal is successful but your new claim is refused, you’ll only get a benefit payment up to the day before your new claim.

You can ask for a mandatory reconsideration of your new claim and appeal it if necessary.

Gary

Hi flower123,

I'm sorry that the tribunal didn't work out. I understand how disappointing this must be. OK, all is not lost. There is a further right of appeal to the Upper Tribunal. I appreciate that this sounds daunting. However, whilst success is often achieved at the first tier tribunal, they do sometimes get it wrong!
The first thing you should do is to write to HMCTS who un the tribunals- the address is on their letters. Ask for the Record of Proceedings including copy of the cd AND ask for the Written Statement of Reasons. Make sure you include your NI number and case number on the letter.It may take a while to arrive. If you have access to a photocopier, make a copy if the WSOR when it arrives. This allows you to have a working copy to scribble notes on!
You are looking for an error of law.
What is an error of law? These are examples-
Did the tribunal use the correct definitions of the descriptors. So, for an example the test for preparing food is to make a simple meal for one from fresh ingredients, if the tribunal award zero points because they said you can make baked beans on toast and do oven chips, this us NOT z meal from fresh ingredients. There may be some very obvious things. Compare the record if proceedings with the WSOR, maybe the tribunal made their decision based on incorrect evidence- they thought you said x but actually it was y. Maybe the tribunal simply ignored evidence- they can't just ignore evidence without a proper explanation. Their is a good chance you will find an error of law. You only need one! You have 1 month after the date the WSOR is sent to appeal.
If you do find an error of law, write back to HMCTS and explain why there is an error of law and ask that "the first tier tribunal decision is set aside, and/or leave is granted to appeal to the Upper Tribunal." The regional judge will look at the case, if he/she agrees there is an error if law, then the case will either be sent directly to the Upper Tribunal if the error if law is complicated, or it is a problem that has arisen several times in other cases and needs a proper ruling.
Sometimes the regional judge will send the case straight back to first tier tribunal for another hearing with a different tribunal panel.
www.benefitsandwork.co.uk/help-for-claimants/pip#appeals
This link has a page about further appeals.
You may wish to consider taking advice from a welfare benefits advisor who is experienced in appeals.
advicelocal.uk/ This link gives details of local advice centres.
I know you feel you are in a horrible situation, and feel the system has failed you. Try not to lose heart or faith. Sometimes it is just persistence that pays off.
Good luck! Stay strong.

LL26

Hi flower123,

It does seem from what you are saying that the tribunal did make mistakes. Make sure you ask for the WSOR and Record of Proceedings, I suspect more mistakes (errors in law) will be revealed!

All the best.

LL26