PIP appeal WIN but less than I wanted

Hi Julie

You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.

advicelocal.uk

In regards to your last question, I am not sure of the answer.

Gary

Hi Julie,
Just to clarify about appeals to the Upper Tribunal. Once you have found an error of law in the WSOR and or ROP, you need to write to the First Tier Tribunal explaining that there is error /s of law.
Things to look out for are applying the wrong legal test, often involves Reg 4 and or 7. Or can be the actual descriptor test itself. The definitions are all in the members guides or on pipinfo.
Check that the facts found per the WSOR match with the evidence as recorded in the ROP, (which if recorded on a cd will contain everything, but a written note is unlikely to be a total note.)
Remember also that the appeal bundle is also evidence.
If there are discrepancies with what is recorded as evidence, or within the papers, something you did say, not recorded, something you didn't say that wasn't recorded or taken into account etc and this is something important then it is likely an error of law has occurred.
Sometimes things like not allowing a claimant to speak, or preventing a friend giving evidence can amount to an error of law.Other common errors us failing to observe the overriding objective if fairness and not making sufficient (or any!) enquiry about relevant issues.
So...write in explaining the error/s of law asking for the decision to be set aside and/or for leave to appeal to the Upper Tribunal. The First tier tribunal will conduct a review, normally by the regional judge.
If the RJudge is happy that an arguable error of law has occurred then he can set aside the decision, he can allow the case to be sent to the Upper Tribunal for the UT Judge to make a decision, or if the RJudge does not accept any error of law you can then apply directly to the UT.
You can ask to appeal just one component, and you can also appeal the length of the award if this is relevant.
If the decision is set aside at First tier level, then a fresh hearing is likely. A UT judge maybe able to make his own decision, if an error if law is found, but if there is insufficient detail to make a further decision, then he natly also request another hearing back at the first tier.
I hope this clarifies things.
LL26