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had PIP tribunal today - I felt 'grilled
- Anne
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4 years 1 month ago #256577 by Anne
Replied by Anne on topic had PIP tribunal today - I felt 'grilled
Hi, Thank you so much for your prompt reply. It is really interesting to read that I can appeal to the upper tribunal without needing to find an error of law. Is there any guidance you could advise on this and how to go about it? Maybe an article I can read around on?
It is my son who is helping me do all of this and we did not mention in the letter to the tribunal that we wanted to appeal at this stage, we have simply only asked for the statement of reasons and also the judges record of proceedings. But as you say if it has not arrived in the next couple of weeks we will write the letter of appeal to the upper tribunal, again; is there any guidance on this that you know of please? Such as how much and what detail to include?
Thanks again for your advice, such a powerful, friendly, prompt and simply amazing website and service you are providing.
Anne
It is my son who is helping me do all of this and we did not mention in the letter to the tribunal that we wanted to appeal at this stage, we have simply only asked for the statement of reasons and also the judges record of proceedings. But as you say if it has not arrived in the next couple of weeks we will write the letter of appeal to the upper tribunal, again; is there any guidance on this that you know of please? Such as how much and what detail to include?
Thanks again for your advice, such a powerful, friendly, prompt and simply amazing website and service you are providing.
Anne
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4 years 1 month ago #256578 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic had PIP tribunal today - I felt 'grilled
Hello Anne,
I don't have anything to add to what BIS has put, but I wanted to say how very sorry I am hear to about the decision. Give yourself a little time off, and then start to form your battle plan.
Catherine
I don't have anything to add to what BIS has put, but I wanted to say how very sorry I am hear to about the decision. Give yourself a little time off, and then start to form your battle plan.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 month ago #256579 by keeptrying
Replied by keeptrying on topic had PIP tribunal today - I felt 'grilled
So sorry this has been the result of your ghastly tribunal.
I agree you must see the statement of reasons. However I also think you need to focus on the individual topics, and for the ones where you believe you should get some points - set out which criteria applies (for eg. preparing a meal - if you feel you need assistance and supervision then put you believe 1e applies, and say why).
- and give evidence/examples if possible
do not waste time criticising the assessor - (you can do that in your complaint letter)
That is my advise, at least.
Again, i am really sorry they did not support your needs.
I agree you must see the statement of reasons. However I also think you need to focus on the individual topics, and for the ones where you believe you should get some points - set out which criteria applies (for eg. preparing a meal - if you feel you need assistance and supervision then put you believe 1e applies, and say why).
- and give evidence/examples if possible
do not waste time criticising the assessor - (you can do that in your complaint letter)
That is my advise, at least.
Again, i am really sorry they did not support your needs.
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- Anne
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4 years 1 month ago #256580 by Anne
Replied by Anne on topic had PIP tribunal today - I felt 'grilled
Thank you so much Catherine. I cannot thank you all enough for the support and encouragement you give to people.
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- Catherine
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4 years 1 month ago #256581 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic had PIP tribunal today - I felt 'grilled
Hello again Anne – our posts crossed there.
If you have to write to the tribunal without seeing the SoR and RoP, I would keep the letter very short and as BIS says say that you supply additional information once you have received the paperwork from the FtT (First tier Tribunal).
Use your own words to say something like, I wish for the Upper Tribunal to reconsider the findings of the FtT in relationship to the following Activities:
Preparing Food
Dressing and Undressing
Mixing with other People
Going Out
(Or whichever activities for which you think you should have been awarded points)
I believe that the FtT made a mistake in awarding me 0 points for each of these activities.
As yet I have not received the Statement of Reasons and Record of Proceedings which I requested in writing on XX/XX/XXXX. When I have received them and had a chance to study them I will supply additional information in support of this request.
And yet again I say, do come back to us if we can help,
Catherine
If you have to write to the tribunal without seeing the SoR and RoP, I would keep the letter very short and as BIS says say that you supply additional information once you have received the paperwork from the FtT (First tier Tribunal).
Use your own words to say something like, I wish for the Upper Tribunal to reconsider the findings of the FtT in relationship to the following Activities:
Preparing Food
Dressing and Undressing
Mixing with other People
Going Out
(Or whichever activities for which you think you should have been awarded points)
I believe that the FtT made a mistake in awarding me 0 points for each of these activities.
As yet I have not received the Statement of Reasons and Record of Proceedings which I requested in writing on XX/XX/XXXX. When I have received them and had a chance to study them I will supply additional information in support of this request.
And yet again I say, do come back to us if we can help,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anne
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4 years 1 month ago #256582 by Anne
Replied by Anne on topic had PIP tribunal today - I felt 'grilled
Sorry for asking another question, just something I am wondering regarding a comment which was made from the tribunal regarding my son filling the form out for me. He is a senior healthcare professional (I wont say his job title), but I wanted to emphasise how it is not just 'a son' helping me. He is accessing the best support and advice possible and has a great knowledgebase of claiming benefits.
He deals with the majority of my bills, letters, form filling etc with me. But a comment the judge made was 'you failed to document he had filled the form out for you' the judge also questioned who the 'author' of the MR letter was - it was me and my son, but my son wrote it with me, I signed it.
So my question is going forward what is the best approach to take regarding this.
When sending letters (can anyone advise of an appropriate sentence to write on the top of the letter stating it is him writing it but me signing it' if that makes sense? For future form filling we will make this clear on the form, but when sending letters i.e. If it comes to appealing to the upper tribunal, what exactly should we write on the letter. I suppose it is not 'I am writing this on behalf of my mother' Because I am actually writing it with him, he is just simply advising me and typing it up for me,
Again, sorry for another long message. Last one I promise.
Thanks again
He deals with the majority of my bills, letters, form filling etc with me. But a comment the judge made was 'you failed to document he had filled the form out for you' the judge also questioned who the 'author' of the MR letter was - it was me and my son, but my son wrote it with me, I signed it.
So my question is going forward what is the best approach to take regarding this.
When sending letters (can anyone advise of an appropriate sentence to write on the top of the letter stating it is him writing it but me signing it' if that makes sense? For future form filling we will make this clear on the form, but when sending letters i.e. If it comes to appealing to the upper tribunal, what exactly should we write on the letter. I suppose it is not 'I am writing this on behalf of my mother' Because I am actually writing it with him, he is just simply advising me and typing it up for me,
Again, sorry for another long message. Last one I promise.
Thanks again
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