PIP appeal

tifo

poppy12345 said:

Fit notes for a PIP appeal?

I just sent the whole bundle of evidence for both, with the statement tailored for each appeal. The 2 appeals were a week apart.

tifo

poppy12345 said:

This brings me back to the point i was trying to make in a previous comment that the OP was confusing LCWRA appeal with the PIP and this didn't help their case.

I've said many times that it wasn't me confusing the PIP and LCWRA, it was the DWP bringing in my PIP assessment and medical report into the WCA appeal, the PIP assessment was a few weeks earlier than the WCA. The panel was randomly quoting and asking from both. I did say this is unfair, because many claimants don't have this, but I had to reply to what they asked. So it wasn't me mixing the 2.

In the same way the PIP appeal panel knew about the LCW and points from the previous week for WCA but they chose to go the opposite way, not believing and giving any points.

tifo

HillStreetBlues said:

You need to change your mindset going forward if either if you are granted any appeals,  or in re-applying in future.

Shelter have said to do this and this time get their help from the MR forwards, though I asked them to help with the PIP2 (and UC50) form so I get it right first time.

tifo

Hi, i'm going to have to do the permission to appeal (lower tribunal) myself unless i find someone to help. It's due within 2 weeks.

Any advice would be helpful as i'm going to draft the request.

Thanks

Alice_Holt

How many points for each component did the tribunal panel award you?

tifo

Alice_Holt said:

How many points for each component did the tribunal panel award you?

None. The tribunal judge said they don't believe me or my evidence but the HCPs so in the statement of reasons quoted most of the untruths from the medical report plus a few more like being able to travel to Trafford Centre and walking around for a long time, and I haven't been there since before covid and my claim is from March 2021. And that if I was so ill then why do I still have my driving license. I thought disabled people can drive?

They knew about my WCA appeal.

A week before the tribunal panel for my WCA appeal had given me 8 points and LCW.

poppy12345

tifo said:

Alice_Holt said:

How many points for each component did the tribunal panel award you?

And that if I was so ill then why do I still have my driving license. I thought disabled people can drive?

Yes of course disabled people are able to drive. In another thread you mentioned an eye condition and you only have vision in one eye so i assume you've told DVLA about this.

Alice_Holt

Then you will need to identify an error in law that resulted in you losing at least 8 PIP points.
(The error in law has to be material, and have directly resulted in a incorrect award).
That's quite a tall order, as the error in law will need to be generic - rather a specific error attaching to a particular PIP activity / descriptor. 

Here is some info on finding an error of law in a FTT's S of R:
https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

Only a PIP advice specialist with knowledge of your application, your PIP paperwork, and sight of the FTT's S of R can give you appropriate advice about appealing to the UT.
I understand from your earlier post that Shelter have suggested applying again - and not proceeding with a UT appeal. I think you should act on that advice.  I fear that in proceeding you will be wasting your time, energies, and channelling your thoughts/ emotions into a negative dead end.

I'd also suggest getting help with the PIP form for any new application, and using the online resources to become more informed on the PIP criteria, etc.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-decisions-are-made/

poppy12345

Alice_Holt said:

I'd also suggest getting help with the PIP form for any new application, and using the online resources to become more informed on the PIP criteria, etc.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-decisions-are-made/

Just to add this to that list of links. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

OP you should also take sometime to have a read of this link before starting a new claim.

HillStreetBlues

Personally, I would cut my losses with this claim. You have such a high bar to meet and reading this thread you are nowhere near achieving it (that’s why people much more knowledgeable than me also advising you to do that).

You had all three people on the panel basing their decision on your assessment(s), that is their right.

Spending your time researching how best to fil out new application I feel will be more beneficial financially. You will have a far, far better chance winning an appeal with a new claim, than to get them to change this one.

I can understand the emotion of feeling cheated, but sometimes you just have to let go.