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PIP Tribunal Appeal
- TRaj
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1 year 10 months ago #278010 by TRaj
PIP Tribunal Appeal was created by TRaj
I would like to get some information/advice on the Appeal process please. I suffer with severe mental health as well as physical health problems and because of which I had to stop working 23 years ago. I am a professional. Ever since it's been roller-coaster ride navigating the Benefits System. So far I've had to go through countless Assessments and 5 Tribunals to get to where I'm now. I have 2 more years to get to my retirement age. Each form fillings, Assessment, Tribunals & Appeal Tribunals affect me deeply. I've been treated in-humanely in almost all of them.
The last Tribunal was in 2019. The judge shouted at me to look into his eyes and talk as soon as I started to answer his questions (I'm Autistic but not diagnosed due to refusal for funding by NHS). The doctor drilled me with irrelevant questions and accused me of crossing the road in a one way road, while the cars were stationed at a traffic light far away and I could see the cars there. I didn't walk to the pedestrian crossing because it was quite far away at the traffic lights. Moreover, I only crossed the road with my sister. I didn't run. I only walked. The Disability officer kept her head down all the time and at the end accused me of going to M&S with my daughter (who is ill & bed bound) and it was untrue and I could prove it. At that moment I burst out crying and so the session was terminated.
In the end, they refused to grant my appeal (higher component of mobility) on the grounds I crossed a road(even though with my sister who accompanied me to the Tribunal) that is not a pedestrian crossing.
I was extremely traumatised and it took me a very long time to recover from the ordeal.
Although I did write to the Tribunal clerk within a month that I wanted to appeal against their decision, I wasn't in a state of mind and health to do so until now. If I were to appeal now, would I be able to do it now and how should I do it? It's been going round and round in my head and everything still feels very raw.
The last Tribunal was in 2019. The judge shouted at me to look into his eyes and talk as soon as I started to answer his questions (I'm Autistic but not diagnosed due to refusal for funding by NHS). The doctor drilled me with irrelevant questions and accused me of crossing the road in a one way road, while the cars were stationed at a traffic light far away and I could see the cars there. I didn't walk to the pedestrian crossing because it was quite far away at the traffic lights. Moreover, I only crossed the road with my sister. I didn't run. I only walked. The Disability officer kept her head down all the time and at the end accused me of going to M&S with my daughter (who is ill & bed bound) and it was untrue and I could prove it. At that moment I burst out crying and so the session was terminated.
In the end, they refused to grant my appeal (higher component of mobility) on the grounds I crossed a road(even though with my sister who accompanied me to the Tribunal) that is not a pedestrian crossing.
I was extremely traumatised and it took me a very long time to recover from the ordeal.
Although I did write to the Tribunal clerk within a month that I wanted to appeal against their decision, I wasn't in a state of mind and health to do so until now. If I were to appeal now, would I be able to do it now and how should I do it? It's been going round and round in my head and everything still feels very raw.
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- LL26
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1 year 10 months ago #278018 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP Tribunal Appeal
Hi TRaj,
The first stage of an appeal to the Upper Tribunal is to apply for a WSOR or written statement of reasons. This should normally be done within 1 mth of the date of the first tier tribunal decision or when sent out to you if not done on the same day.
However you can make a late application up to 13 mths afterwards, but you will need to show good reason.
Illness could well be such a reason. The better excuse will be needed the later you are to apply.
I'm not sure from your post if you did ask for the wsor or just indicate you wished to appeal. There is a similar time limit from the date of the WSOR being sent out. 1 mth or up to 13 mths for a late application. The need for a reasonable excuse will still apply.
Given that you mentioned that your last Tribunal hearing was in 2019 I can't see how you would still be within the ultimate 13 mths time limit. As such unfortunately you would be time barred from making a further appeal.
You may wish to try a new application. There is a great deal of helpful information on the members pages about claims and filling out forms. These pages are constantly being updated. Otherwise it may help to try and seek assistance from a local advice centre.
I apologise that I can’t offer more assistance.
LL26
The first stage of an appeal to the Upper Tribunal is to apply for a WSOR or written statement of reasons. This should normally be done within 1 mth of the date of the first tier tribunal decision or when sent out to you if not done on the same day.
However you can make a late application up to 13 mths afterwards, but you will need to show good reason.
Illness could well be such a reason. The better excuse will be needed the later you are to apply.
I'm not sure from your post if you did ask for the wsor or just indicate you wished to appeal. There is a similar time limit from the date of the WSOR being sent out. 1 mth or up to 13 mths for a late application. The need for a reasonable excuse will still apply.
Given that you mentioned that your last Tribunal hearing was in 2019 I can't see how you would still be within the ultimate 13 mths time limit. As such unfortunately you would be time barred from making a further appeal.
You may wish to try a new application. There is a great deal of helpful information on the members pages about claims and filling out forms. These pages are constantly being updated. Otherwise it may help to try and seek assistance from a local advice centre.
I apologise that I can’t offer more assistance.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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