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PIP refused - should I get legal aid ?
- Minnie
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5 years 5 months ago #219620 by Minnie
PIP refused - should I get legal aid ? was created by Minnie
PIP appeals all refused. Cannot really deal with it any more. Last letter 7th September 2018.
They have not really assessed whether or not I qualify but can I get legal aid to retract all the negative assumptons that they made in the 'statement of reasons' including that I do not really qualify for ESA/support group ? Everything I say is 'discredited'. Or should I try and forget about them and hope for the best.
I hope it does not precipitate another assessment.
Last ESA assessment 2016. ESA support group awarded January 2017. Before that on Income support + disability premium. Did a legal swear about how condition affected me.
Can manage financially much easier now but somehow got persuaded to apply for PIP.
Have done a legal swear about mistakes and ommisions of the PIP assessment 2017; and false allegatons in 'statement of reasons'; but they discredit everything I say and apparently Im not allowed to argue anything specific now anyway.
I have official CFS diagnosis. 40-60% MEA disability level. Latest report 2014, but got a meeting with local CFS team May 2018 after the tribunal was held.
Thankyou for any advice
They have not really assessed whether or not I qualify but can I get legal aid to retract all the negative assumptons that they made in the 'statement of reasons' including that I do not really qualify for ESA/support group ? Everything I say is 'discredited'. Or should I try and forget about them and hope for the best.
I hope it does not precipitate another assessment.
Last ESA assessment 2016. ESA support group awarded January 2017. Before that on Income support + disability premium. Did a legal swear about how condition affected me.
Can manage financially much easier now but somehow got persuaded to apply for PIP.
Have done a legal swear about mistakes and ommisions of the PIP assessment 2017; and false allegatons in 'statement of reasons'; but they discredit everything I say and apparently Im not allowed to argue anything specific now anyway.
I have official CFS diagnosis. 40-60% MEA disability level. Latest report 2014, but got a meeting with local CFS team May 2018 after the tribunal was held.
Thankyou for any advice
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- Gordon
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5 years 5 months ago #219648 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP refused - should I get legal aid ?
Minnie
You can only make an appeal to the Upper Tier Tribunal on the basis of there being an Error of Law in the making of the Decision, you cannot appeal further because you disagree with the Decision and unless you can show that the opinions of the panel lead to an Error then you cannot challenge their comments.
What is an Error of Law?
You can make a new claim for PIP immediately, there is no waiting time.
If your failure to receive PIP was going to affect your ESA then it would have done so when the original Decision was made, I do not think that it will be an issue now.
Gordon
Gordon
You can only make an appeal to the Upper Tier Tribunal on the basis of there being an Error of Law in the making of the Decision, you cannot appeal further because you disagree with the Decision and unless you can show that the opinions of the panel lead to an Error then you cannot challenge their comments.
What is an Error of Law?
You can make a new claim for PIP immediately, there is no waiting time.
If your failure to receive PIP was going to affect your ESA then it would have done so when the original Decision was made, I do not think that it will be an issue now.
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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