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Confused on what to do next
- AnnieB
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2 days 15 hours ago #305161 by AnnieB
Confused on what to do next was created by AnnieB
I am really confused on what steps I should take next and would really appreciate some advice
I have now received the Statement of reasons from my PIP Tribunal, the CAB believe I have reasons to ask to appeal to the higher tribunal as at no point did they ask about my mental Health and concentrated on a weekend I had with friends in 2022, when I only applied for PIP in September 2023, so the weekend away predates my claim.
They also noted that they would not have given me the number of points I already had scored.
The CAB advised they have never gone this far so I would probably need to get someone else to help with this if I decide to appeal, and I only have 2 weeks left
Do I ask for a reassessment based on the fact I can introduce the fall I had in Sept 2024 and the fact this has left me with limited mobility and needing further surgery, so will go on for another 9 months.
Do I just reapply again
I understand that whatever way I go I could jepardize losing or a change to my current award, but this is only running until May 2026.
The Tribunal was so nerve wracking and my anxiety went into overdrive, so I am not sure I can even do anything, but I understand that is probably what the DWP want people to do, its better for them if I just give up and walk away
Any advice would be good
I have now received the Statement of reasons from my PIP Tribunal, the CAB believe I have reasons to ask to appeal to the higher tribunal as at no point did they ask about my mental Health and concentrated on a weekend I had with friends in 2022, when I only applied for PIP in September 2023, so the weekend away predates my claim.
They also noted that they would not have given me the number of points I already had scored.
The CAB advised they have never gone this far so I would probably need to get someone else to help with this if I decide to appeal, and I only have 2 weeks left
Do I ask for a reassessment based on the fact I can introduce the fall I had in Sept 2024 and the fact this has left me with limited mobility and needing further surgery, so will go on for another 9 months.
Do I just reapply again
I understand that whatever way I go I could jepardize losing or a change to my current award, but this is only running until May 2026.
The Tribunal was so nerve wracking and my anxiety went into overdrive, so I am not sure I can even do anything, but I understand that is probably what the DWP want people to do, its better for them if I just give up and walk away
Any advice would be good
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- BIS
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2 days 12 hours ago #305177 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Confused on what to do next
Hi AnnieB
I'm sorry that this has happened to you.
I can't give you advice about what to do next - as it's outside the remit of this forum - but I agree with the CAB - that you could appeal to the Upper Tribunal on the grounds that they failed to look at your evidence and were judging you on a previous date (that is very strange indeed).
You could forget about the tribunal, and you could put in for a change of circumstances, in which case they will send you a review form. Be aware that they will know that you lost your recent Tribunal - so go through every question in the guide to PIP claims and reviews and make sure that you have the strongest answers you can make. Don't just assume because your mobility is worse that they will just agree with you. If you win with the change of circumstances any increased award will be dated back to the date on which you inform them of the change.
BIS
I'm sorry that this has happened to you.
I can't give you advice about what to do next - as it's outside the remit of this forum - but I agree with the CAB - that you could appeal to the Upper Tribunal on the grounds that they failed to look at your evidence and were judging you on a previous date (that is very strange indeed).
You could forget about the tribunal, and you could put in for a change of circumstances, in which case they will send you a review form. Be aware that they will know that you lost your recent Tribunal - so go through every question in the guide to PIP claims and reviews and make sure that you have the strongest answers you can make. Don't just assume because your mobility is worse that they will just agree with you. If you win with the change of circumstances any increased award will be dated back to the date on which you inform them of the change.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- AnnieB
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17 hours 19 minutes ago #305293 by AnnieB
Replied by AnnieB on topic Confused on what to do next
Thank you BIS for your reply
Are you able to advise, if I put in for a change of circumstances, do I have another assessment with a HA?
Is the review form the same as applying for PIP originally.
Each day that passes I am getting more and more anxious and worried about what I should do for the best.
My anxiety is triggered when I have to try an make a decision and I can spend days thinking of nothing else and that causes issues with my sleep, which then blows everything out of proportion
Your site is an absolute godsend, with all the information provided and the knowledge shared, so thank you again to you and all that contribute
Are you able to advise, if I put in for a change of circumstances, do I have another assessment with a HA?
Is the review form the same as applying for PIP originally.
Each day that passes I am getting more and more anxious and worried about what I should do for the best.
My anxiety is triggered when I have to try an make a decision and I can spend days thinking of nothing else and that causes issues with my sleep, which then blows everything out of proportion
Your site is an absolute godsend, with all the information provided and the knowledge shared, so thank you again to you and all that contribute
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- BIS
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12 hours 53 minutes ago #305307 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Confused on what to do next
Hi AnnieB
If you put in for a change of circumstances, they should send you a review form to complete, and yes, that is likely to lead to an assessment with a health professional. If you only want to ask them to look at one component eg mobility or daily care - you can do so.
Occasionally, they decide to do a paper-based assessment, but as you recently lost at the Tribunal, I think it is less likely they will choose this option.
I know this is a lot for you. If you're worrying about which route to take - you could do both. You could challenge the Tribunal - just on the basis that the panel questioned you about a time that pre-dated your claim and seem to have made the decision on that basis. You won't have to write a lot - just put in the request, saying that you believe they erred in their judgment in not asking you about your mental health and the date issue. The Tribunals service will let you know whether you can appeal or not. In the meantime you could submit a change of circumstances to the DWP - which will encompass all the issues you have had since 2024. I know you said you need further surgery - if this has not been arranged and you have no idea when it might take place - do not put the focus on that - because straight away you will be setting yourself up for the DWP seeing it as a short term problem. Focus on how your mobility was already deteriorating and that led to the fall. It also sounds as if you will need to strengthen your arguments around your mental health and anxiety. If you decide to do this, make sure that you go through the guide and see if there is anything you didn't say that you could tell them.
BIS
If you put in for a change of circumstances, they should send you a review form to complete, and yes, that is likely to lead to an assessment with a health professional. If you only want to ask them to look at one component eg mobility or daily care - you can do so.
Occasionally, they decide to do a paper-based assessment, but as you recently lost at the Tribunal, I think it is less likely they will choose this option.
I know this is a lot for you. If you're worrying about which route to take - you could do both. You could challenge the Tribunal - just on the basis that the panel questioned you about a time that pre-dated your claim and seem to have made the decision on that basis. You won't have to write a lot - just put in the request, saying that you believe they erred in their judgment in not asking you about your mental health and the date issue. The Tribunals service will let you know whether you can appeal or not. In the meantime you could submit a change of circumstances to the DWP - which will encompass all the issues you have had since 2024. I know you said you need further surgery - if this has not been arranged and you have no idea when it might take place - do not put the focus on that - because straight away you will be setting yourself up for the DWP seeing it as a short term problem. Focus on how your mobility was already deteriorating and that led to the fall. It also sounds as if you will need to strengthen your arguments around your mental health and anxiety. If you decide to do this, make sure that you go through the guide and see if there is anything you didn't say that you could tell them.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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