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Refused at tribunal
- MeLee
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1 week 3 days ago #301430 by MeLee
Refused at tribunal was created by MeLee
Hi, newbie here.
Long post so pls bear with me.
I applied for pip in feb 24, I have a womb condition called adenomyosis which renders me in pain the majority of the time.
Because my womb is swollen it affects my sciatic nerve which causes pain to radiate down my right leg, it’s very painful and hard to move around most of the time.
I also have crumbling discs at the top of my spine which cause neck pain pretty much daily.
All of this means my MH has plummeted, I struggle to shower most days and very rarely cook for myself.
I don’t sleep very well as I’m always in pain.
I manage to still hold down a full time job because I j have bills to pay but it’s difficult on lack of sleep and pain.
I was awarded zero points on both components so put in for a mandatory reconsideration but the decision didn’t change.
I had my tribunal last week and I was an emotional wreck, I find it hard to talk about how I feel because spoken out loud makes me realise how bad things are.
My claim was rejected although I got 2 points for preparing food and 2 points for waging & bathing.
I’m de devastated and feel I let myself down because I struggled to stop crying and don’t think I represented myself at all well.
I don’t want to give up but don’t know what to do next.
I have applied for a statement of reasons and a recording of proceedings but had no response yet.
At the tribunal a comment was made about how I managed to carry my own bag in and pour myself a cup of water but they also asked me if I have a blue badge for my daughter (my daughter is disabled) I wish I had questioned that at the time because I don’t see the relevance.
I wasn’t happy with my initial telephone assessment because lots of what I had said was missed out in the paperwork, that was overlooked on my mandatory reconsideration and I feel like I’m fighting a losing battle.
Thank you for taking the time to read x
Long post so pls bear with me.
I applied for pip in feb 24, I have a womb condition called adenomyosis which renders me in pain the majority of the time.
Because my womb is swollen it affects my sciatic nerve which causes pain to radiate down my right leg, it’s very painful and hard to move around most of the time.
I also have crumbling discs at the top of my spine which cause neck pain pretty much daily.
All of this means my MH has plummeted, I struggle to shower most days and very rarely cook for myself.
I don’t sleep very well as I’m always in pain.
I manage to still hold down a full time job because I j have bills to pay but it’s difficult on lack of sleep and pain.
I was awarded zero points on both components so put in for a mandatory reconsideration but the decision didn’t change.
I had my tribunal last week and I was an emotional wreck, I find it hard to talk about how I feel because spoken out loud makes me realise how bad things are.
My claim was rejected although I got 2 points for preparing food and 2 points for waging & bathing.
I’m de devastated and feel I let myself down because I struggled to stop crying and don’t think I represented myself at all well.
I don’t want to give up but don’t know what to do next.
I have applied for a statement of reasons and a recording of proceedings but had no response yet.
At the tribunal a comment was made about how I managed to carry my own bag in and pour myself a cup of water but they also asked me if I have a blue badge for my daughter (my daughter is disabled) I wish I had questioned that at the time because I don’t see the relevance.
I wasn’t happy with my initial telephone assessment because lots of what I had said was missed out in the paperwork, that was overlooked on my mandatory reconsideration and I feel like I’m fighting a losing battle.
Thank you for taking the time to read x
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- Chris
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1 week 3 days ago #301462 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Refused at tribunal
Hi MeLee,
It's a regular occurence unfortunately people not receiving their report with accurate information on. This is called a PA4 form, and you can request it via the PIP helpline 48 hours after your assessment. Once you have this, go through everything and mark what is incorrect and what is missing, and then you can request a Mandatory Reconsideration, and this must be filled in and returned within 1 month. If nothing changes after this, then you go to the FtT stage (First tier Tribunal). The paperwork when you receive it, should explain everything how to do this.
I hope this helps, but likely others will follow on and reply additional information on how to proceed.
Chris.
It's a regular occurence unfortunately people not receiving their report with accurate information on. This is called a PA4 form, and you can request it via the PIP helpline 48 hours after your assessment. Once you have this, go through everything and mark what is incorrect and what is missing, and then you can request a Mandatory Reconsideration, and this must be filled in and returned within 1 month. If nothing changes after this, then you go to the FtT stage (First tier Tribunal). The paperwork when you receive it, should explain everything how to do this.
I hope this helps, but likely others will follow on and reply additional information on how to proceed.
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gaddy
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1 week 3 days ago #301483 by Gaddy
Replied by Gaddy on topic Refused at tribunal
Hi Chris, I think MeLee has already been to tribunal and although gained some points not enough for an award. As I understand it, the only option going forward is to try and find an 'error in law' and get the decision set aside. Then you can apply to the first tier tribunal again. I think LL26 is very well informed on this subject having seen her responses to others in the same situation but haven't you also had to battle a tribunal decision yourself or am I mistaken? All the best, Gaddy
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- denby
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1 week 3 days ago #301494 by denby
Replied by denby on topic Refused at tribunal
Dear Chris, MeLee, has already been turned down at Tribunal.
MeLee needs advice on how to find an 'error in law' or other allowable reason for contesting the Tribunal decision. Or whether that claim is a lost cause and she should start a new claim, following B&W advice.
Or whether to pursue the old one and do a new claim.
Best,
Denby
MeLee needs advice on how to find an 'error in law' or other allowable reason for contesting the Tribunal decision. Or whether that claim is a lost cause and she should start a new claim, following B&W advice.
Or whether to pursue the old one and do a new claim.
Best,
Denby
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- Chris
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1 week 2 days ago - 1 week 1 day ago #301510 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Refused at tribunal
Hi Gaddy, Ahh apologies - sometimes when I'm replying back to a question, I only read the post or two above, as we don't always have time to read countless pages on each topic, due to the amount of incoming questions and queries (of which have been through the roof this month!) - I have, and LL26 is incredibly talented in relation to this site and the knowledge she has. Me, I'm still learning as such, even though I've been at this for over a year now. There's a vast amount of knowledge required when answering questions on this forum, and even some of the mods who have done this for 15 years or more for example will tell you, that some questions are just simply beyond our realm of knowledge. My tribunal found 3 errors of law by the UtT ( only 1 is needed however ) - and now it's back to a new FtT for another hearing. How long this process will take though, I've no idea. It's been ongoing since June 2023. Chris

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 week 1 day ago by LL26.
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- Gaddy
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1 week 2 days ago #301516 by Gaddy
Replied by Gaddy on topic Refused at tribunal
No need to apologise Chris, you are much appreciated on the forum and do a great job despite your own health issues. Right now we are all so stressed (and furious) about what the future holds for us that the level of posts has increased considerably and you have helped immensly..
Hoping for the best result for you at your own tribunal.
Gaddy
Hoping for the best result for you at your own tribunal.
Gaddy
The following user(s) said Thank You: denby, Chris
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