PIP upper tier tribunal

fluke13

Has anyone been successful with an upper tier tribunal for pip?
Tribunal awarded me standard mobility and 5 points for daily living (originally nothing)

paragon909

fluke13 wrote: »

Has anyone been successful with an upper tier tribunal for pip?
Tribunal awarded me standard mobility and 5 points for daily living (originally nothing)

The upper tier tribunal is only available if the judge made an error in law to make the decision he/she came to. It isn't simply another method of appealing. You need to get permission from the court as well to take it to upper tier and would require the judges statement, You will need to find someone who knows the law regarding PIP and get them to check if any errors were made. Such as CAB...

GlasweJen

A UT won't make a new decision. They will decide if there has been a legal error and if so will pass you back for a new LT tribunal.

Alice_Holt

Some info here:

https://www.gov.uk/social-security-child-support-tribunal/get-a-decision

This process is only worth considering if you are convinced that a second LT tribunal is likely to increase the award (and assuming you can identify an error in law in the first tribunal's statement of reasons).

Why do you think another LT tribunal would award you an increased rate?
What error in law do you think was made at your tribunal?

Mersey_2

Yes.


I've successfully helped 2 claimants win at the Upper Tribunal (although they were a JSA sanction and an ESA matter).


It's true that others have indicated that there needs to be either an error of law, or the First Tier Tribunal failed to consider all of the evidence before them.


You don't need permission from the First Tier Tribunal, but you do need to apply to them for leave to appeal.


They mostly refuse. You then have to apply to the Upper Tribunal direct for permission to appeal. They mostly allow this.


Be aware that most appeals do not succeed; but, of course, every appeal is different and in some areas most do indeed succeed.


As others have suggested, seek urgent advice from a CAB, or one of the few law centres or welfare rights solicitors still about.


In the meantime, you need to request the written Statement of Reasons for the First Tier Tribunal's decision. This is a requirement before you can seek leave to appeal, plus your advisor will need this in order to consider if there were any errors or omissions by the First Tier Tribunal.

fluke13

What happens if I request a statement of reasons? Is the decision put on hold?
I don't think they took in to account all the medical evidence, especially the one from the consultant that I took on the day. I don't know if this was taken into account as it goes from the original decision and that was in January.
I know it happens but I had to wait 4 days for the decision from the tribunal and I was not told on the day, just wondering how common this is?

Alice_Holt

fluke13 wrote: »

What happens if I request a statement of reasons? Is the decision put on hold?
I don't think they took in to account all the medical evidence, especially the one from the consultant that I took on the day. I don't know if this was taken into account as it goes from the original decision and that was in January.

No, the decision still stands.
You must apply for a S of R in order to look for an error in law. That is the first stage in the process of asking an UT to set aside the decision.

If the tribunal do not explain why they have preferred one lot of medical evidence above other evidence in coming to their decision, that might constitute an error in law.

You know, of course, that they were reviewing the DWP decision on the date it was made (not at the date of the tribunal).
If your condition has worsened then medical evidence after that date may not carry as much weight as evidence at the time of the decision.

What do you think you should have been awarded and why?

fluke13

I got 5 points for daily living. I think that I should have got 2 points for preparing food/ taking nutrition because my condition meanS that I can not do this reliably/in a timely manner/repeatedly.
2 points for engaging with people because of anxiety about picking germs up that will progress my condition more quickly.
This was all backed up by my consultants letter.
So even if I ask for a statement of reasons I can still change my mind and not take it to the UT?.

Alice_Holt

fluke13 wrote: »

So even if I ask for a statement of reasons I can still change my mind and not take it to the UT?.

Yes.

You have a month from the tribunal decision letter to request the S of R

daddy_martin

I've managed to appeal twice to the Upper Tribunal (UT), I had found five errors of law on my last appeal. The FtT refused permission on last one, but the UT allowed permission. I had to attend the Rolls Building and had a hearing with the UT Judge and he agreed there were 5 errors and returned it to a new FtT, new panel and doctors etc.
It can be done, the wording is very important in the FtT judge writing. I have now heaps of knowledge as there wasn't any CAB or Union to help me, the didn't understand the procedure in my case. Both said I wouldn't win the appeal but I proved them wrong. Have a go and try, it's worth it and you will feel better for it...!!!