PIP appeal

tifo

poppy12345 said:

Sometimes there's a delay with the clerk typing the decision and sending it out. You will receive it soon i'm sure.

Seems so, i've received the email today stating 'a decision has been made'. At the hearing last Weds I was told it'll be made later that day and I should receive it 'in a few days'.

Do I have 1 month from the date of hearing (1 week ago) or the date of decision (today) to ask for permission to appeal to the upper tribunal? I've given my reasons above about why I think this may be needed. If 2 weeks is wasted for the decision and post that gives me 2 weeks, then the statement of reasons will take time to arrive also.

Alice_Holt

tifo said:

poppy12345 said:

Sometimes there's a delay with the clerk typing the decision and sending it out. You will receive it soon i'm sure.

Do I have 1 month from the date of hearing (1 week ago) or the date of decision (today) to ask for permission to appeal to the upper tribunal? I've given my reasons above about why I think this may be needed. If 2 weeks is wasted for the decision and post that gives me 2 weeks, then the statement of reasons will take time to arrive also.

     https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

tifo

Are there costs to appeal to the upper tribunal and for the hearing (not any representive costs)? I can't find this info anywhere ....

The first tier tribunal is free.

calcotti

no there aren't.

poppy12345

tifo said:

poppy12345 said:

Sometimes there's a delay with the clerk typing the decision and sending it out. You will receive it soon i'm sure.

Seems so, i've received the email today stating 'a decision has been made'. At the hearing last Weds I was told it'll be made later that day and I should receive it 'in a few days'.

Do I have 1 month from the date of hearing (1 week ago) or the date of decision (today) to ask for permission to appeal to the upper tribunal? I've given my reasons above about why I think this may be needed. If 2 weeks is wasted for the decision and post that gives me 2 weeks, then the statement of reasons will take time to arrive also.

You can't just appeal a decision. First you need to request the statement of reasons and record of proceedings, within 1 month of the date of the decision. Once you receive these you need to find someone to take a look to see if they can find an error in law. The time then starts from when they send these. It could take quite sometime for the judge to do this and sometimes it can take many months.

Am i missing something here? I can't find any reasons why you think this maybe needed.

tifo

poppy12345 said:

You can't just appeal a decision. First you need to request the statement of reasons and record of proceedings, within 1 month of the date of the decision. Once you receive these you need to find someone to take a look to see if they can find an error in law. The time then starts from when they send these. It could take quite sometime for the judge to do this and sometimes it can take many months.

Am i missing something here? I can't find any reasons why you think this maybe needed.

I know the appeal is for an error in law.

I'll find out when I get the decision (from the hearing I think it's not going to be favourable to me) and ask for the statement of reasons. I can think of a few reasons, one being that they didn't assess for 3 months and 9 months for my variable and fluctuating conditions. The judge told me "we don't calculate it that way" when she concentrated on my good days (a week or so) and I said they need to look at the bad days and over a 12 month period. The same when I said it's been 10 months after the assessment and my conditions affected me over this period so meet the 9 months criteria. And because I've had them for more than 3 years to date the 3 months condition is also met. I posted this before.

I thought the judge has 1 month to send the statement?

poppy12345

tifo said:

poppy12345 said:

You can't just appeal a decision. First you need to request the statement of reasons and record of proceedings, within 1 month of the date of the decision. Once you receive these you need to find someone to take a look to see if they can find an error in law. The time then starts from when they send these. It could take quite sometime for the judge to do this and sometimes it can take many months.

Am i missing something here? I can't find any reasons why you think this maybe needed.

I thought the judge has 1 month to send the statement?

Nope. The Judge can take as long as they want to write the SOR. It takes an awful lot of work to do this, ontop of everything else they have to do.

tifo

Appeal refused, i'm not surprised, this is what I thought.

poppy12345

You can now request the SOR and ROP within 1 month of the date of the decision. You will then need to find someone to have a look to see if there's an error in law.

tifo

Yes, I'll do that. I didn't get the decision letter but it was posted on 8 June. I've had to call them and they emailed it, so that's nearly 3 weeks wasted.

I can request the statement and recording by email anyway so will do this.