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I came into the system without your support.
- Longman
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5 days 4 hours ago #309759 by Longman
I came into the system without your support. was created by Longman
Hello All I have been through the PIP system on my own, as I did not find this site until I had passed the mandatory reconcilliation stage of my review. I currently have the standard levels for both mobility and daily living. In my review I tried to demonstrate how my condition has deteriorated since first being awarded PIP. I failed. I then decided to go through mandatory reconcilliation. I found this site by then but some where I read that i coudn't ask for support if I had taken on the MR and appeal without any support ( I don't know now if I did read that or misinterpreted what was said) Anyhow. I decided to go to appeal. During the time I was waiting for a date, DWP contacted me and offered to increase my award to high daily living with standard mobility, which I refused. I felt they had not adequately considered my mobility issues. I finally went to appeal this July. My daughter came with me for support. She had helped me prepare as well as we thought I could. However at the appeal tribunal I fell apart. I did not use my notes I didn't make any statments, and i cried at copious points in the ordeal. The panel refused my appeal. I asked for their jugement, which, when it arrived had several factual errors, eg that I was not taking medication for my long standing anxiety and depression, whereas I am taking Sertraline 200mg daily. I do not know whether to apply for a higher appeal or cut my losses and ask for a change of circumstances form. Any thoughts would be gratefully received.
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- latetrain
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3 days 19 hours ago #309804 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic I came into the system without your support.
Hi Longman
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the Statement of Reasons AND the Record of Proceedings. Please note you should ask for the Written Statement of Reasons - often abbreviated to WSOR. (The ROP may well comprise of a cd recording if this was a phone conference hearing - if so you may need to transcribe what's said, or at least write down the crucial bits and a time.) Compare the ROP/transcript with the WSOR. There may be glaring errors. Easy things to spot are discrepancies such as in ROP poor mobility is mentioned, and later in WSOR 'claimant confirmed he had no walking difficulty'. That would be a blatant example of where an error of law has occurred. Often the errors are less obvious to spot. Looking very carefully at the descriptors and comparing this with the WSOR is a good idea.
Sometimes the original Tribunal will award no points because they have applied the wrong test. An example of this would be where the tribunal say 'he can cook because he can reheat ready meals'. This would be wrong as the test is cooking a simple meal from fresh ingredients. If you can find at least once material error of law then you can appeal.
We would advise you to seek help from your local Welfare Rights Specialist; 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 in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the Statement of Reasons AND the Record of Proceedings. Please note you should ask for the Written Statement of Reasons - often abbreviated to WSOR. (The ROP may well comprise of a cd recording if this was a phone conference hearing - if so you may need to transcribe what's said, or at least write down the crucial bits and a time.) Compare the ROP/transcript with the WSOR. There may be glaring errors. Easy things to spot are discrepancies such as in ROP poor mobility is mentioned, and later in WSOR 'claimant confirmed he had no walking difficulty'. That would be a blatant example of where an error of law has occurred. Often the errors are less obvious to spot. Looking very carefully at the descriptors and comparing this with the WSOR is a good idea.
Sometimes the original Tribunal will award no points because they have applied the wrong test. An example of this would be where the tribunal say 'he can cook because he can reheat ready meals'. This would be wrong as the test is cooking a simple meal from fresh ingredients. If you can find at least once material error of law then you can appeal.
We would advise you to seek help from your local Welfare Rights Specialist; 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 in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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