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5 years 11 months ago #212010 by carole
upper Tribunal was created by carole
I had my ESA tribunal hearing 3 month ago and won placed in Work related group,for 2 years. the Tribunal was very understanding, i felt and got treat with respect, i was crying , shaking from start to finish.

I then had my PIP Tribunal appeal few days ago, unfortunely this one i was unsuccessful , the tribunal this time was aweful to me, i cried and was shaking from start to finish also. i suffer from Chronic Migraine , Anxiety, Depression, IBS & food intolerance, I do not leave home without been accompanied as i faint when in Migraine attacks, so i get very anxious and panic attacks when i am out, only leave house twice week. I Get Migraines approx every 7 days and in the attack for 5 days, i get confused , have poor concentration and focus on a daily basis, i also find very hard to motivate my self to get dressed, eat, can only use micro wave as i forget or easy distracted when use oven because of Migraine, blurred vision, anxiety and depression, i also See CBT weekly,
I will not go into it to much but i felt bullied by the Tribunal, only was a loud to answer there questions, therefore i could not get my point across how my disability affects me on a daily basis, i got talked over if i tried to say something that would possibly help my case, or insulted by 2 members of the tribunal. i was questioned for 2 hours, at the end of which i i took a panic attack my support worker was told to get me out the room, she held me up while my legs went from underneath me, took me in a side room.
I was not asked questions on prompting, therefore could not get across my Mental health On a daily basis how it affects me, or the side effects i get with drug treatment i am on.
The points i got were the same as what DWP asessament gave me, 2 points daily living. mobility 4 points.
The Judge did say i can re apply for PIP in 3 month. I pretty much new then i was unsuccessful .
I had Welfare rights accompany me at ESA Appeal, but could not with me unfortunetly at my PIP appeal.
Would be grateful for any advice about taking my case to Upper tribunal, as there is not a lot on the forum about members taking there case there, and if so if they are successful. I am going to ask for a reason of Decision .

Or if it would be better of just reapplying for PIP from scratch in 3 months time.

I do not no how i have managed to get through 2 Appeals within 3 month, as i do not have family, and only have support from professionals, It has made my mental health even worse the whole ordeal, and felt like giving up and even suicidal .

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5 years 11 months ago #212022 by Gordon
Replied by Gordon on topic upper Tribunal
Carole

You cannot appeal to the Upper Tier Tribunal because you disagree with the Decision you have received, only because you can show that there was an Error of Law in it's making.

The first stage to the process is for you to request a Statement of Reasons from the Judge in charge of your hearing.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Be aware that a UTT appeal can take the best part of a year and the most likely positive result is a new hearing at the First Tier.

There is no waiting time for you to make a new PIP claim, you can make one tomorrow if you want.

In either case you need to consider the information you have/will provide for your claim, whether you agree with what those assessing have said, the information you have provided has not been compelling. You need to re-think your approach if you are to have a realistic hope of an award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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