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PIP Appeal Advice
- mikexedge
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3 months 1 day ago #298294 by mikexedge
PIP Appeal Advice was created by mikexedge
Hi everyone,
Apologies in advance—this is going to be a bit of a long one, but I could really use some advice about my PIP appeal. My case was recently rejected by the First-tier Tribunal on jurisdictional grounds because it was outside the statutory time limits.
I struggle with severe OCD and anxiety, which have a huge impact on my day-to-day life and make dealing with admin tasks ridiculously hard. Some of the ways this affects me include:
Rewriting and re-reading things over and over until they feel “perfect.”
Avoiding certain words, numbers, or actions that feel “wrong” or triggering.
Procrastinating on really important stuff (like appeals) because of the level of importance I attach to it.
I also find it nearly impossible to delegate or let other people help because my OCD makes me feel like I need to control and perfect everything myself.
Background
My original PIP award (enhanced) was reduced to just standard mobility back in 2017 after a reassessment.
My partner submitted a Mandatory Reconsideration but I couldn’t get the appeal lodged in time because of how my conditions impact me.
Between 2017 and 2024, I made multiple attempts to challenge the decision. I even tried to seek reconsideration again in 2019, but I couldn’t finish the process.
Finally, in 2024, I managed to submit an appeal to the tribunal.
After a lot of back and forth, the tribunal has just rejected my appeal for being outside the 13-month time limit. While they acknowledged my mental health conditions, they said I hadn’t provided enough evidence to show I was “totally incapable” of lodging the appeal during those years. They pointed out that I (or someone on my behalf) was able to complete an AR1 form, request an MR, and attend a PIP assessment, which they said meant I hadn’t done “everything I could.”
The tribunal didn’t seem to fully get that OCD impacts specific tasks differently. For example, I could manage less stressful tasks during good periods, but anything to do with appealing felt impossible because of how much importance I placed on it.
They also raised the point that I didn’t have recent medical evidence. Instead I provided a patient summary as well as detailed documents outlining how my condition affects me and how OCD itself has stopped me from seeking therapy since 2013 and that avoidance is actually part of the condition.
I feel like their decision didn’t properly take into account how my disability affects me, especially under the Equality Act 2010. I also feel this might have breached my right to a fair trial under Article 6 of the ECHR.
Do you think it’s worth appealing to the Upper Tribunal? I’d argue that the First-tier Tribunal didn’t fully consider how selective and task-specific my OCD is, as well as the barriers it created for me.
I also put through a Change of Circumstances around August 2024.
What kind of evidence would be most useful? I’m wondering if it's worth getting the DWP to provide me with my Work Capability Assessment records (I’m in the LCWRA group).
This whole process has been really draining, but it just seems so wrong.
Any advice, tips, or insights would be appreciated!
Thanks,
Mike
Apologies in advance—this is going to be a bit of a long one, but I could really use some advice about my PIP appeal. My case was recently rejected by the First-tier Tribunal on jurisdictional grounds because it was outside the statutory time limits.
I struggle with severe OCD and anxiety, which have a huge impact on my day-to-day life and make dealing with admin tasks ridiculously hard. Some of the ways this affects me include:
Rewriting and re-reading things over and over until they feel “perfect.”
Avoiding certain words, numbers, or actions that feel “wrong” or triggering.
Procrastinating on really important stuff (like appeals) because of the level of importance I attach to it.
I also find it nearly impossible to delegate or let other people help because my OCD makes me feel like I need to control and perfect everything myself.
Background
My original PIP award (enhanced) was reduced to just standard mobility back in 2017 after a reassessment.
My partner submitted a Mandatory Reconsideration but I couldn’t get the appeal lodged in time because of how my conditions impact me.
Between 2017 and 2024, I made multiple attempts to challenge the decision. I even tried to seek reconsideration again in 2019, but I couldn’t finish the process.
Finally, in 2024, I managed to submit an appeal to the tribunal.
After a lot of back and forth, the tribunal has just rejected my appeal for being outside the 13-month time limit. While they acknowledged my mental health conditions, they said I hadn’t provided enough evidence to show I was “totally incapable” of lodging the appeal during those years. They pointed out that I (or someone on my behalf) was able to complete an AR1 form, request an MR, and attend a PIP assessment, which they said meant I hadn’t done “everything I could.”
The tribunal didn’t seem to fully get that OCD impacts specific tasks differently. For example, I could manage less stressful tasks during good periods, but anything to do with appealing felt impossible because of how much importance I placed on it.
They also raised the point that I didn’t have recent medical evidence. Instead I provided a patient summary as well as detailed documents outlining how my condition affects me and how OCD itself has stopped me from seeking therapy since 2013 and that avoidance is actually part of the condition.
I feel like their decision didn’t properly take into account how my disability affects me, especially under the Equality Act 2010. I also feel this might have breached my right to a fair trial under Article 6 of the ECHR.
Do you think it’s worth appealing to the Upper Tribunal? I’d argue that the First-tier Tribunal didn’t fully consider how selective and task-specific my OCD is, as well as the barriers it created for me.
I also put through a Change of Circumstances around August 2024.
What kind of evidence would be most useful? I’m wondering if it's worth getting the DWP to provide me with my Work Capability Assessment records (I’m in the LCWRA group).
This whole process has been really draining, but it just seems so wrong.
Any advice, tips, or insights would be appreciated!
Thanks,
Mike
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- BIS
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3 months 1 day ago #298309 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal Advice
Hi Mike
I'm really sorry to hear what you are going through. Unfortunately, we can't tell you whether you should appeal to the Upper Tribunal - it is outside the remit of this forum.
In order to gain the right to appeal - you will have to show that the First Tier has acted unlawfully in not allowing you to appeal outside the time limit. I googled to see if there is any known case law - but I can't see any. (That doesn't mean you shouldn't try).
If you want to try and argue that they didn't consider the impact of your OCD, I think you are going to have to get some medical evidence to back up what you're saying. I always say to people that they are the experts of their conditions - which you are, but in this case, you may need an expert to side with you, especially as there was a doctor and a 'disability' expert on the first tier panel. As you haven't recently sought professional help, I realise this might be impossible, but without it you might struggle.
As I said - this isn't in our remit - so don't let anything I've said deter you if you want to try.
BIS
I'm really sorry to hear what you are going through. Unfortunately, we can't tell you whether you should appeal to the Upper Tribunal - it is outside the remit of this forum.
In order to gain the right to appeal - you will have to show that the First Tier has acted unlawfully in not allowing you to appeal outside the time limit. I googled to see if there is any known case law - but I can't see any. (That doesn't mean you shouldn't try).
If you want to try and argue that they didn't consider the impact of your OCD, I think you are going to have to get some medical evidence to back up what you're saying. I always say to people that they are the experts of their conditions - which you are, but in this case, you may need an expert to side with you, especially as there was a doctor and a 'disability' expert on the first tier panel. As you haven't recently sought professional help, I realise this might be impossible, but without it you might struggle.
As I said - this isn't in our remit - so don't let anything I've said deter you if you want to try.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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