PIP appeal

poppy12345

Kim1965 said:

Is there a limit on the number of appeal a person can have? 

Only 1 appeal per claim, unless there's an error in law.

Spoonie_Turtle

Kim1965 said:

Is there a limit on the number of appeal a person can have? 

A person can only appeal against a First-tier tribunal if there's been an error in law.  I think a judge has to grant permission as well, agreeing that there was an error.  People can't keep appealing if they simply don't agree with the decision.

HillStreetBlues

 

Spoonie_Turtle said:

A person can only appeal against a First-tier tribunal if there's been an error in law.  I think a judge has to grant permission as well, agreeing that there was an error.

Appeal goes to the lower tribunal in the first case, if they agreed there is a possible error in law, it goes to the upper tribunal to be heard, if that appeal is rejected then you can appeal directly to the upper tribunal,  If the upper tribunal rejects it then the only option left would be a high court and the costs that would involve.

HillStreetBlues

Sorry if I missed this, but out of interest  how many people on the panel? if there was three  did any of them dissent?

slowcars

So much discussion about medical evidence etc. What should have been the case was to evidence the descriptors.
In my case for walking, I evidenced a hospital report that explained the way i walked on the electric treadmill they had me on. The report mentioned that they tested my ability to walk and the distance by explaining that I fell off the machine after 5 metres then 4 metres. No diagnosis was given by me just that I proved that I could not walk reliably for more than 5 metres - awarded enhanced mobility.
As for care I did the same for each descriptor that applied to me. Hearing? I had two hearing aids in that were prescribed by the hospital together with a copy of the latest hearing test. Could I eat food? No not without medication every time i had food because my body cannot digest or breakdown food without it. That came from a consultant report.

HillStreetBlues

slowcars said:

So much discussion about medical evidence etc. What should have been the case was to evidence the descriptors.

Even that evidence isn't needed (but the more information supplied will help).  What is needed is the decision maker (DM or tribunal) believes what is written on the claim form is correct and truthful.

slowcars

HillStreetBlues said:

slowcars said:

So much discussion about medical evidence etc. What should have been the case was to evidence the descriptors.

Even that evidence isn't needed (but the more information supplied will help).  What is needed is the decision maker (DM or tribunal) believes what is written on the claim form is correct and truthful.

And why should they when it is quite possible that some claimants might just exaggerate their disabilities or God forbid totally lie about them. Not everybody is honest hence why checks have to be carried out.

tifo

HillStreetBlues said:

Sorry if I missed this, but out of interest  how many people on the panel? if there was three  did any of them dissent?

There were 3 people on the panel, none dissented from the others. Though it was the judge who said she didn't believe me and any of my evidence and that the HCP was more credible (the medical report was full of lies from someone who did not look at my evidence and spoke with me for 45 mins).

tifo

I feel Shelter advising I have no further grounds for appeal is more to do with lack of staff than anything else, the welfare advisor they have is on sick, the manager would not say how long for, and mentioned that they're looking for another welfare advisor.

The manager did not seem to know some of the info she was telling me, for example thinking that the refusal of permission to appeal from the lower tribunal for my WCA claim meant that it was the end of it, I had to explain that I can ask for this permission from the upper tribunal, and that the lower tribunal sent me the forms, but she did not seem to understand this. Initially she thought the refusal was from the upper tribunal. There were a few other things she said which did not add up.

HillStreetBlues

IMHO to get permission to appeal you will need overwhelming evidence to show the panel acted could have acted irrationally  in making their decision.
Most cases do come down to who the panel believes,  either the "medical" or the claimant.

The threshold does need to be high to get to the upper chamber, as that also protects the claimants who win from DWP appeals.