- Posts: 35
× Members
Questioning my Won pip tribunal
- Roch82
- Topic Author
- Offline
Less More
2 years 11 months ago #271080 by Roch82
Questioning my Won pip tribunal was created by Roch82
Hi. I won my tribunal today, I got awarded standard for both living and mobility.
They had already come to the decision when I walked into the room, they asked me and my mum to go out and talk about it, I said I had been awarded a blue badge.
She said it was a new change!.
She told me if I didn't agree with the decision that I could refuse it and then I would have to go through everything and that wouldn't mean I would get a higher rate, it could me they took one off me !!!
My anxiety was through the roof. They didn't acknowledge I had fibromyalgia either, just went on my mental health.
I feel like they missed some elements out and didn't give me some point what I think I should have gotten.
What is my next step in regards to telling pip about my fibromyalgia and osteoporosis in my foot, with the dispute of the points I got today aswell
Thank you
They had already come to the decision when I walked into the room, they asked me and my mum to go out and talk about it, I said I had been awarded a blue badge.
She said it was a new change!.
She told me if I didn't agree with the decision that I could refuse it and then I would have to go through everything and that wouldn't mean I would get a higher rate, it could me they took one off me !!!
My anxiety was through the roof. They didn't acknowledge I had fibromyalgia either, just went on my mental health.
I feel like they missed some elements out and didn't give me some point what I think I should have gotten.
What is my next step in regards to telling pip about my fibromyalgia and osteoporosis in my foot, with the dispute of the points I got today aswell
Thank you
Please Log in or Create an account to join the conversation.
- BIS
- Away
Less More
- Posts: 9072
2 years 11 months ago #271082 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Questioning my Won pip tribunal
Hi Roch82
I'm slightly puzzled by what you are saying. You say that you accepted the award today at the tribunal but then you say you want to dispute it. Was it the Tribunal Chairman who told you that if you didn't accept the offer you may have to start again or was this an offer made by the DWP before the tribunal even started?
If it was a tribunal decision - then the only way you can dispute the points awarded is if you can show they made an error in applying the law when making the decision. In order to find that out, you need to ask for a statement of reasons which is the transcript of the tribunal and the reason for their decision. If you can see there is an error then you can appeal to the Tribunal Service to have the case looked at by an Upper Tribunal. The service can accept or refuse. This cannot cover any new information.
If you accepted the award from the DWP and the Tribunal Service played no part in it - you can still put in an appeal against the offer.
Your other option is to wait and possibly put in for a change of circumstances. I think you have to wait for 3 months, but I may be wrong on this - in which case it will trigger a review and you will have an assessment and it will feel as if you are starting the process again. They will expect to see that something has 'changed' - ie your condition has got worse - not just that they ignored information you provided last time.
BIS
I'm slightly puzzled by what you are saying. You say that you accepted the award today at the tribunal but then you say you want to dispute it. Was it the Tribunal Chairman who told you that if you didn't accept the offer you may have to start again or was this an offer made by the DWP before the tribunal even started?
If it was a tribunal decision - then the only way you can dispute the points awarded is if you can show they made an error in applying the law when making the decision. In order to find that out, you need to ask for a statement of reasons which is the transcript of the tribunal and the reason for their decision. If you can see there is an error then you can appeal to the Tribunal Service to have the case looked at by an Upper Tribunal. The service can accept or refuse. This cannot cover any new information.
If you accepted the award from the DWP and the Tribunal Service played no part in it - you can still put in an appeal against the offer.
Your other option is to wait and possibly put in for a change of circumstances. I think you have to wait for 3 months, but I may be wrong on this - in which case it will trigger a review and you will have an assessment and it will feel as if you are starting the process again. They will expect to see that something has 'changed' - ie your condition has got worse - not just that they ignored information you provided last time.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Roch82
- Topic Author
- Offline
Less More
- Posts: 35
2 years 11 months ago #271099 by Roch82
Replied by Roch82 on topic Questioning my Won pip tribunal
Hi, yes I think they may have over looked some things as the court didn't send my citizens advice representative the correspondence he needed to represent me properly.
I had evedance of my fibromyalgia in there and they said they based it on my mental health.
My mum has to was my hair for reasons is to long to go into but I oy got needs prompting to do it not that I actually have to get it done by her. Amongst other things.
My representative said he will talk to me and discuss it when I had been to my tribunal cause he might be able to raise something with him now getting the paperwork sent to him.
They also said the stuff about my osteoporosis would be a change. No idea why they didn't even mention my fibromyalgia :-$ she did said my condition could have gotten worse with how long its taken......... I was only in 5 mins. The first thing shesaid was they sympathised with me on what I had been through, and they only had today to read it as they only get the papers the day before or something!
Hope you can understand that haha
I had evedance of my fibromyalgia in there and they said they based it on my mental health.
My mum has to was my hair for reasons is to long to go into but I oy got needs prompting to do it not that I actually have to get it done by her. Amongst other things.
My representative said he will talk to me and discuss it when I had been to my tribunal cause he might be able to raise something with him now getting the paperwork sent to him.
They also said the stuff about my osteoporosis would be a change. No idea why they didn't even mention my fibromyalgia :-$ she did said my condition could have gotten worse with how long its taken......... I was only in 5 mins. The first thing shesaid was they sympathised with me on what I had been through, and they only had today to read it as they only get the papers the day before or something!
Hope you can understand that haha
Please Log in or Create an account to join the conversation.
- Roch82
- Topic Author
- Offline
Less More
- Posts: 35
2 years 11 months ago #271100 by Roch82
Replied by Roch82 on topic Questioning my Won pip tribunal
Sorry I forgot to say I was was awarded by tribunal not DWP.
And that I can put a change in next week if I wanted as that isn't back dated so no point in waiting months to put the change in.
And that I can put a change in next week if I wanted as that isn't back dated so no point in waiting months to put the change in.
Please Log in or Create an account to join the conversation.
- BIS
- Away
Less More
- Posts: 9072
2 years 11 months ago #271116 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Questioning my Won pip tribunal
Hi Roch82
Thanks for the clarification. So if you have been told you can put in for a change of circumstances you can obviously do so. When you put in for your Mandatory Reconsideration - which you obviously lost - did you have the assessment report (PA4)? Before you put in for any change - make sure that you understand why they are ignoring your fibromyalgia. It can be challenging to get assessors to take the condition seriously - but you will have a stronger case if you understand their thinking. It could be that you just had a mean assessor, but it's also happened at the tribunal so you need to ensure that you are giving as clear a picture as possible how the condition affects you.
BIS
Thanks for the clarification. So if you have been told you can put in for a change of circumstances you can obviously do so. When you put in for your Mandatory Reconsideration - which you obviously lost - did you have the assessment report (PA4)? Before you put in for any change - make sure that you understand why they are ignoring your fibromyalgia. It can be challenging to get assessors to take the condition seriously - but you will have a stronger case if you understand their thinking. It could be that you just had a mean assessor, but it's also happened at the tribunal so you need to ensure that you are giving as clear a picture as possible how the condition affects you.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Roch82
- Topic Author
- Offline
Less More
- Posts: 35
2 years 11 months ago #271139 by Roch82
Replied by Roch82 on topic Questioning my Won pip tribunal
I aslo have missong off my appeal papers , "Taking nutrition & reading and understanding", so this initially has prevented me from getting enhanced daily living.
The PA4? Is that the bundle they send you after you appeal?
Thank you
The PA4? Is that the bundle they send you after you appeal?
Thank you
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David