Anybody appealed pip and gone to court yet?

hmf_2

Hi, has anybody got as far as the appeal court yet for their pip decision to be looked at again?
I have my appeal being looked at soon and I'm getting more and more stressed about the possibility that they could take away the normal rate of mobility that I was awarded by DWP. I would be lost without my blue badge.
I just want to know your experience of going to court and if you had a positive outcome or not.
I have to ask myself if I gamble on the possibility of them deciding to take away my current award gambling on the fact that they might agree with my appeal and award me low rate care element too.
Do I just give up and have to rely on my Mum to continue to help me as my unpaid carer.
I'm not good with decisions with my brain fog and stress makes my cfs/me worse.
Thanks for any helpful advice in advance. No nasty comments please. I'm on here for helpful advice only.

racon

hmf wrote: »

Hi, has anybody got as far as the appeal court yet for their pip decision to be looked at again?
I have my appeal being looked at soon and I'm getting more and more stressed about the possibility that they could take away the normal rate of mobility that I was awarded by DWP. I would be lost without my blue badge.
I just want to know your experience of going to court and if you had a positive outcome or not.
I have to ask myself if I gamble on the possibility of them deciding to take away my current award gambling on the fact that they might agree with my appeal and award me low rate care element too.
Do I just give up and have to rely on my Mum to continue to help me as my unpaid carer.
I'm not good with decisions with my brain fog and stress makes my cfs/me worse.
Thanks for any helpful advice in advance. No nasty comments please. I'm on here for helpful advice only.

Hey, I wouldn't know what a Tribunal court is like as I never seem to get round to appealing the DWP decisions within the time frame allowed!
However from what I have heard it is generally quite casual in attitude. However they are there to question you to see if your evidence can be relied upon.
I suppose everything and anything can happen in one, it all depends on the written and verbal evidence as much as the moods that the three members of the panel are in.

dipsy

I appealed and went to tribunal, I ended up with going from higher rate mobility to higher rate living and mobility, however DWP asked for a copy of the tribunal reasons, which they have had, they then have a further month to decide if they will appeal against the decision. I am still waiting and it is over 18 months since my PIP was initially awarded.

Are you on Pip or DLA currently?

You can leave one element alone, say the mobility and appeal against the living element, make sure if you do so you are willing to attend the tribunal, it was tiring but they were all very nice

Good luck in whatever you decide

hmf_2

My ill health began whist pip was around so I have applied for Pip. I didn't know that I could ask them to have just the care element looked at and protect the normal rate of mobility that I have been awarded. That is news to me. Thank you.

My other concern that another part of my cfs/me is continuos vomiting episodes which seem to be linked to stress but I continue to have different tests to try and solve the problem. I'm worried that I am likely to have higher than normal stress levels which leave me vomiting but also weaker than usually and normally bed bound. I have asked for a wheelchair referral but was told that in my area because I didn't need a wheelchair in the house then I couldn't have one for just the outdoors. If I were to hire a wheelchair in anticipation of my health the day of the appeal then they will probably think it looks suspicious that I have rolled into the court being pushed around in a wheelchair. With an invisible illness like cfs/me it is hard to prove to other people how badly it affects you. I'm probably over thinking this but I'm worried it could look like I'm using a wheelchair when I don't normally need one. The days/weeks that I am vomiting I normally just stay at home in bed knowing that every little movement that I make triggers more vomiting. I stay in bed until I recover but of course can't not turn upto court becuase of ill health when that is what I am there to prove. Life can be difficult sometimes. If only they could give me a home visit lol.

I'm pleased you got a good outcome at your appeal. Thank you for sharing that xx

hmf_2

I have now considered the idea of writing to the appeal courts explaining that I am likely to be bed bound because of higher than normal stress and anxiety levels because of the court appeal and asking them to change my hearing from me attending to them deciding for themselves from the paperwork that they have. They have already said that my case is complicated and will take a full morning. They have a lot of paperwork detailing my long list of problems now from my medical records.
I know the percentage of cases winning without you attending is lower but I am already getting myself stressed just thinking about having to try and answer there questions when my brain will probably be at its worse if the mysterious vomiting episodes come along which from past experience is very likely. Take a large sick bucket, whilst being pushed in a wheelchair and being useless at trying to answer there questions is very likely if I turn up. I'm rubbish at making decisions about the best route to take. Of course the other decision is to just give up fighting the DWP but that's never been in my nature.

marcus6

hmf wrote: »

I have now considered the idea of writing to the appeal courts explaining that I am likely to be bed bound because of higher than normal stress and anxiety levels because of the court appeal and asking them to change my hearing from me attending to them deciding for themselves from the paperwork that they have. They have already said that my case is complicated and will take a full morning. They have a lot of paperwork detailing my long list of problems now from my medical records.
I know the percentage of cases winning without you attending is lower but I am already getting myself stressed just thinking about having to try and answer there questions when my brain will probably be at its worse if the mysterious vomiting episodes come along which from past experience is very likely. Take a large sick bucket, whilst being pushed in a wheelchair and being useless at trying to answer there questions is very likely if I turn up. I'm rubbish at making decisions about the best route to take. Of course the other decision is to just give up fighting the DWP but that's never been in my nature.

Hi there,

I had my appeal on monday just gone, is was not that bad, all very nice the judge tells you whats what and then says the doctor will take over as he is the one to ask you about everthing and the judge writes it down, he/she my ask you something, its all very easy going, they wait for you to talk so you will have time to say what ever you need to say,

I had pip and i still went to appeal as i new i should have got max for both, when they give eh,d day & st, mobility , i went to appeal to get eh,mobility, and i did i won my appeal.

All i would say to you, if you can make it there then do so as it would be good for them to see you, it helps and not only that you can tell them how you are alot better than a bit of paper can...

Good luck