Pip tribunal unsuccessful and i find out 5 days i

Hello flower,

In case you wish to find it again, you previous thread is here , but I have left this post were you put it.

Unfortunately, unless a diagnosis is such that someone is not expected to survive for more than 6 months PIP is never awarded on the basis of a diagnosis, however bad it may be.

The Tribunal Panel will have based their decision on how they believe your conditions effect you, and changing the name of a condition does not actually change the impact that same condition has on you. So even if you could send a letter to the Tribunal asking them to change their minds, and as far as I know this is not possible, it would not make any difference to them.

I saw in your previous thread that you advised to consider appealing to the Upper Tribunal, and I will not repeat what was said before. If you do that, and the Upper Tribunal Judge agrees that the First Tier Tribunal made a mistake in law then it is most likely that he/she will order another First Tier Tribunal to look at your case again. He will say that it has to be different people to the first time round.

It is at this stage that your recent diagnosis can be helpful. Although as I said, the diagnosis in itself does not qualify you for an award, what it does do is give support to what you have been saying all along. It is possible for example that they might expect someone with asthma to prepare a meal with a prompting, but think it is less likely for someone with SVT.

In the meantime, if you have not already done so, you need to contact the Courts and Tribunal Service and request the Statement of Reasons and Record of Proceedings, since these documents will probably be the basis of a possible appeal to the Upper Tribunal.

I hope that now you have a correct diagnosis your health will be able to be brought under better control. I am sorry if my reply disappoints you. I do however hope it makes sense, if not please get back to us,
Catherine

Hi flower,

To the best of knowledge there will not have been a recording made of the hearing. The statement of reasons should explain why for each activity they came to the decision they did. The Record of Proceedings will be the notes made during the hearing, probably by the Judge, and will probably hand written They will not be a verbatim record of what was said.

Catherine

Edit: Please see LL26's post below!

Hi flower123,

If the hearing was done over the phone, then I think there will be a recording. In a recent case where I wished to see the statement of reasons/record of proceedings, I was sent a cd - this was a copy of the recording. Therefore I think it is very likely you will get a recorded copy of the hearing if you ask for it. I think it is worthwhile asking for this.

LL26