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No award for Pip at tribunal, can i still fight? My son has mixed ADHD

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2 years 3 months ago #273929 by debathome
Hi we have just lot a tribunal hearing for my son who has mixed ADHD. My son is 38 and was diagnosed late in life, in fact a little over a year ago, which is when we started to apply for Pip. My son at the minute is under a Physiatrist trying strong medication, which in it self is causing problems. We can not get anyone to understand how hard it is living with ADHD, on a daily basis. Now we have lost at the tribunal it has only made us want to fight for everyone who has to live with this. What can We do next, can we take it to a higher court?

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2 years 3 months ago #273933 by LL26
Hi debathome,
There is a right of appeal, but it has to be based on an error of law.
What you need to do is write to the tribunal and ask for a copy of the record of proceedings which may be a cd recording or a handwritten/typed record' you also need to ask for the written Statement of reasons. You have 1 month from the date of the decision if given on the day of the hearing or otherwise the date it was sent out.
It may take quite a while possibly 2 ir 3 months to get the wsor but the record of Proceedings usually comes quite quickly. You can use the time to carefully listen to the CD and possibly transcribe this.
Errors of law would include not applying the right legal test- so if no points under descriptor 1 were awarded because eg son 'can make a sandwich' - that is not the test - which is being able to cook and prepare a simple meal for one using fresh ingredients.
Not giving sufficient explanation is another error of law.
Look out for discrepancies in the record of proceedings and WSOR, if the tribunal purport to rely on so called evidence when this either wasn't said or doesn't appear in the papers this could be an error if law.
Come back for more advice if you need to.
The arguable error of law needs to be material thst means if the only error gives 2 more points but you need 4 to gain benefit or the enhanced level it won't make any difference. However if you find an error that gives rise to 8 points then clearly this could be material.
Make sure you ask for the ROP and WSOR ASAP and then you can compare for discrepancies and potential errors of law.
Myself or another mod will then explain next steps, if required.
You normally have a month to write on to the tribunal explaining the error/s of law from the date the WSOR is sent out. Only one arguable material error of law is required.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Faith, debathome

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2 years 3 months ago #273942 by AnonymousM
I have ADHD and am on PIP, so would be interested to know why they didn't give your son an award?

I do have other mental health issues though, but that's often the case with ADHD due to our struggles in life. I initially got turned down for both PIP and ESA, but went to the CAB and they helped me win 2 tribunals. Since then the DWP haven't made me fight, but maybe because I have a huge amount of medical evidence.

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