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Tribunal Appeal declined
- Jgaz
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9 years 7 months ago #141129 by Jgaz
Tribunal Appeal declined was created by Jgaz
Hi
I had my PIP appeal refused.
I originally had 6 points 2 for food prep, 2 for prompting for washing and bathing and 2 for communication.
After the appeal I still had 6, 2 for food prep, 2 for prompting for washing and bathing and 2 for prompting for dressing/undressing.
The communication prompting points disappeared.
Could they have been basing my communication on my appeal letter (the judge mentioned that it was well put together) and the answers I gave at the tribunal?
If this is the case surely they should have based my prompting for communications on the original ATOS health officials findings, and not on the answers given by me on the tribunal day and the appeal letter.
My next query is an I able to start another PIP application while appealing the tribunal descision, or do I have to wait.
Thank you for your help thus far.
I had my PIP appeal refused.
I originally had 6 points 2 for food prep, 2 for prompting for washing and bathing and 2 for communication.
After the appeal I still had 6, 2 for food prep, 2 for prompting for washing and bathing and 2 for prompting for dressing/undressing.
The communication prompting points disappeared.
Could they have been basing my communication on my appeal letter (the judge mentioned that it was well put together) and the answers I gave at the tribunal?
If this is the case surely they should have based my prompting for communications on the original ATOS health officials findings, and not on the answers given by me on the tribunal day and the appeal letter.
My next query is an I able to start another PIP application while appealing the tribunal descision, or do I have to wait.
Thank you for your help thus far.
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- Gordon
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9 years 7 months ago #141149 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Appeal declined
Jgaz
I'm sorry to hear that your appeal was unsuccessful.
You mention appealing the Tribunal Decision, you can only do this if you can show that there was an Error of Law in the proceedings, not because you disagree with the Decision, the first stage to an appeal is to request a Statement of Reasons from the Judge. See the following
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
The Communicating activity looks at verbal communication, so the competency of your appeal submission would not be relevant, however, they will have considered your answers to their questions in the hearing. if your condition has changed or you were only able to speak to the panel due to the very specific circumstances of the hearing then you should have made them aware of this, if you did and they did not take account of this then it may offer a route to challenging the Decision.
You can make a new claim for PIP immediately, any new Decision from this would limit any award made from a further challenge to your original claim, however, an appeal to the Upper Tribunal can easily take 6-12 months.
Gordon
I'm sorry to hear that your appeal was unsuccessful.
You mention appealing the Tribunal Decision, you can only do this if you can show that there was an Error of Law in the proceedings, not because you disagree with the Decision, the first stage to an appeal is to request a Statement of Reasons from the Judge. See the following
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
The Communicating activity looks at verbal communication, so the competency of your appeal submission would not be relevant, however, they will have considered your answers to their questions in the hearing. if your condition has changed or you were only able to speak to the panel due to the very specific circumstances of the hearing then you should have made them aware of this, if you did and they did not take account of this then it may offer a route to challenging the Decision.
You can make a new claim for PIP immediately, any new Decision from this would limit any award made from a further challenge to your original claim, however, an appeal to the Upper Tribunal can easily take 6-12 months.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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