PIP appeal

tifo

poppy12345 said:

It's not just you, i'm confused too because everything that the OP has said makes no sense. I'm starting to see why they were refused at Tribunal stage.

I really don't understand why you'd be confused and why I don't make any sense to you and some others. I'm being as clear as I can and it's clear to me what i'm saying.

tifo

Back to this  ......

I didn't appeal and it's been mentioned and shown that 13 months are allowed to do this, is this from the date of tribunal decision (June 2022 so now over 13 months) or date of statement or reasons (Aug/Sept 2022 still under 13 months)?

The reason I didn't appeal is i could not find any organisation to advise and help me, despite some on here saying I make no sense or have no grounds for appeal.

tifo

In any case, my conditions have worsened (like i was told they would) so i've the choice to make another claim or not bother, seeing the way it was dealt with before. But, i'm still of the opinion the PIP decision was wrong as the judge did not (she said) believe anything I said. She said she preferred the assessor's report. Same medical reports and a different decision for the LCWRA claim (who accepted some mobility and care issues but I didn't get enough points for LCWRA but did get LCW).

Thanks 

poppy12345

tifo said:

Back to this  ......

I didn't appeal and it's been mentioned and shown that 13 months are allowed to do this, is this from the date of tribunal decision (June 2022 so now over 13 months) or date of statement or reasons (Aug/Sept 2022 still under 13 months)?

The reason I didn't appeal is i could not find any organisation to advise and help me, despite some on here saying I make no sense or have no grounds for appeal.

It's from when the SOR was sent out to you. If that was August 2022 then you're now out of time.

tifo said:

In any case, my conditions have worsened (like i was told they would) so i've the choice to make another claim or not bother,

I'm sure you're aware that they will not take into consideration a worsening of condition if you are within the 13 month timeframe and do find an error in law.

Muttleythefrog

tifo said:

In any case, my conditions have worsened (like i was told they would) so i've the choice to make another claim or not bother, seeing the way it was dealt with before. But, i'm still of the opinion the PIP decision was wrong as the judge did not (she said) believe anything I said. She said she preferred the assessor's report. Same medical reports and a different decision for the LCWRA claim (who accepted some mobility and care issues but I didn't get enough points for LCWRA but did get LCW).

Thanks 

This just increases my view that my last opinion is correct

"Finding error in law, to succeed in getting the decision set aside, given what has been said seems indeed a high bar as nothing seems to stand out... likely only someone very hands on with the facts of the case could contemplate an angle of argument or confirm you haven't got one to make. Save your energies perhaps and focus on a new claim."

You either have or about to run out of time and you have said nothing in the thread that I can see which invites a claim the tribunal made an error in law. You have had the tribunal's SORs for a year and seem to be getting nowhere. You say they disbelieved you - they're entitled to consider what evidence is credible for themselves. 

You say your condition has worsened - it strikes me you should make a new claim (if currently no award) /supersession (if ongoing award).... as then it
a) saves you wasting time on a likely flawed appeal
b) gives you a decent chance of getting appropriate award
c) can take into consideration your current deteriorated circumstances (which if in the unlikely event you managed to get the tribunal decision set aside still would not resolve as any new decision is to replace the original one appealed of that time).

As others have expressed and I can certainly say I have experienced myself... any feeling of being wronged (not believed etc... I understand that well) needs to be overcome to take revenge in the form of getting appropriate award. Sometimes you have to chalk up defeat in order to focus on a new victory.

You've had excellent advice and pointers on the thread. At the end of the day you can (if availability) approach someone away from MSE for more tailored advice who can get hands on the material paperwork, decisions, evidence - you've not done that or not been able to do that. You're entitled to ignore the advice of members here.

peteuk

Muttleythefrog said:

As others have expressed and I can certainly say I have experienced myself... any feeling of being wronged (not believed etc... I understand that well) needs to be overcome to take revenge in the form of getting appropriate award. Sometimes you have to chalk up defeat in order to focus on a new victory.

I agree, as do others, but I realise this is easier said than done.  In a way you need to loose your personal feelings about your previous PIP assessment and start from scratch.  Take a day for each activity, ask some good friends about what they believe you can do and ask them to answer honestly.  Focus on what you cant do and why cant you do it, link it to your conditions but realistically.  

Dressing - isn’t just about getting up and getting dressed, it’s about other aspects, focus on what do you struggle with.  Think during the day what if?  Eg if i pored this glass of juice down me, would i be able to change, make a note of how long it takes to dress/undress ect. As you do this think what and why.  What am i wearing and why? Am I wearing this because i find it easier to put on, have I changed any clothing and why?

If you say Ive got this problem therefor I can’t do X/Y, then without evidence and real life examples the case for PIP is going to be weaker.  You've got the energy to put together a possibly strong case, but it has to be done right.  Then possibly get someone to help you fill the form out, rather than sit there with pen and paper and smash through the form, your hopefully have 12 lots of notes to look back on and reflect.

Just a thought…

tifo

I'm going to call the PIP number and ask to register a new claim because my conditions have got worse. Any advice on how i need to say this as they may ask "what has changed".

I'm very apprehensive about any PIP claim after my last experience.

tifo

peteuk said:

Dressing - isn’t just about getting up and getting dressed, it’s about other aspects, focus on what do you struggle with.  Think during the day what if?  Eg if i pored this glass of juice down me, would i be able to change, make a note of how long it takes to dress/undress ect. As you do this think what and why.  What am i wearing and why? Am I wearing this because i find it easier to put on, have I changed any clothing and why?

If you say Ive got this problem therefor I can’t do X/Y, then without evidence and real life examples the case for PIP is going to be weaker.  You've got the energy to put together a possibly strong case, but it has to be done right.  Then possibly get someone to help you fill the form out, rather than sit there with pen and paper and smash through the form, your hopefully have 12 lots of notes to look back on and reflect.

Just a thought…

Thanks

My issues are mostly mobility with very little care elements.

Muttleythefrog

tifo said:

I'm going to call the PIP number and ask to register a new claim because my conditions have got worse. Any advice on how i need to say this as they may ask "what has changed".

I'm very apprehensive about any PIP claim after my last experience.

I am unable to find clarity on what tribunal ruled in your case but I think you ended up with no award.
If you currently have no PIP award then follow the instructions in the link here.... call them up to start a new claim and all they will need are some basic details (it tells you in the link what info to have at hand).... then the form will come out where you can start again with explaining difficulties you currently experience. https://www.gov.uk/pip/how-to-claim

If you currently have a PIP award please ignore the advice in previous paragraph and state here for clarity as I'm losing track and I suspect others are too after a long effort to persuade a changed course of action from trying to get lower tier tribunal decision set aside.

poppy12345

tifo said:

I'm going to call the PIP number and ask to register a new claim because my conditions have got worse. Any advice on how i need to say this as they may ask "what has changed".

I'm very apprehensive about any PIP claim after my last experience.

Before doing this i'd advise you to get some expert advice from an agency near you. Starting a new claim using the same evidence you previously used could see another refusal. This link will tell you what advice agency is local to you. https://advicelocal.uk/welfare-benefits