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Tribunal decision is refusal but points given
- beccajayne
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3 days 22 hours ago #314233 by beccajayne
Tribunal decision is refusal but points given was created by beccajayne
I received my tribunal decision which was 6 points for daily living, as opposed to all zeros (from the assessor). I am relieved at that as all the zeros was more upsetting than not receiving (or maintaining) an award. I feel at least I'm believed and a fair assessment was more important to me.
However I now have to decide my next steps. Can anyone walk me through those?
I understand there would need to be an error of law for me to appeal to the upper tribunal and that I have to request the tribunal report and statement of reasons.
I know I have other problems that should score me further points especially as my situation has not changed at all (and because the nature of my disabilities mean they cause problems in a number of areas, not just a few and curious if the tribunal could see some of these problems, how they could not see all).
I was not awarded anything for mobility even though previously I was always given 10 points due to extreme anxiety, ptsd affecting my ability to go anywhere or to drive. I think because I have moved and have to drive a short distance to my relative for support (where before she could walk to me), this is seen as no problems with mobility. My driving is 99% limited due to panic disorder and flashbacks. I literally drive a few short routes which take around 5 minutes. I might, in a year drive a few times to a supermarket that is further away than that but always with my relative, always the same route and it's still only 15 - 20 mins away and I often have to stay in the car due to other health conditions causing dizziness and problems walking (which is unpredictable but regular and frequent). I am not unsafe because I won't go anywhere where panic could potentially threaten safety, I say potentially because the panics I did have that led me to stop almost all driving, I still made safe decisions and got to safety, but not without a lot of delay, horrendous panic etc.
I know driving is a tricky thing in assessing mobility but I can only report how it is for me.
I know the tribunal decision is final but that there may be some options for appealing further. I am pleased to get some points and therefore acknowledgement of my problems though.
I'd appreciate any advice that can be given.
However I now have to decide my next steps. Can anyone walk me through those?
I understand there would need to be an error of law for me to appeal to the upper tribunal and that I have to request the tribunal report and statement of reasons.
I know I have other problems that should score me further points especially as my situation has not changed at all (and because the nature of my disabilities mean they cause problems in a number of areas, not just a few and curious if the tribunal could see some of these problems, how they could not see all).
I was not awarded anything for mobility even though previously I was always given 10 points due to extreme anxiety, ptsd affecting my ability to go anywhere or to drive. I think because I have moved and have to drive a short distance to my relative for support (where before she could walk to me), this is seen as no problems with mobility. My driving is 99% limited due to panic disorder and flashbacks. I literally drive a few short routes which take around 5 minutes. I might, in a year drive a few times to a supermarket that is further away than that but always with my relative, always the same route and it's still only 15 - 20 mins away and I often have to stay in the car due to other health conditions causing dizziness and problems walking (which is unpredictable but regular and frequent). I am not unsafe because I won't go anywhere where panic could potentially threaten safety, I say potentially because the panics I did have that led me to stop almost all driving, I still made safe decisions and got to safety, but not without a lot of delay, horrendous panic etc.
I know driving is a tricky thing in assessing mobility but I can only report how it is for me.
I know the tribunal decision is final but that there may be some options for appealing further. I am pleased to get some points and therefore acknowledgement of my problems though.
I'd appreciate any advice that can be given.
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- BIS
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7 hours 51 minutes ago #314273 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Tribunal decision is refusal but points given
Hi beccajayne
This is a tricky one. As you know, the First Tier Tribunal has to have made an error in the law for you to appeal to the Upper Tribunal. Just because you disagree with their judgement - that doesn't from a legal stand point necessarily make it an error. You can argue that you were previously awarded ten points but they can easily say that may be, but that's not their opinion now. As you say you have moved and you drive. Please don't think that I don't recognise that what you're able to do is limited - I do - I am just saying what they are likely to argue.
There is also an issue that I am concerned about. If you do find a reason where they made a mistake in law, you want to be very careful about pushing the issues with your driving, because I can see a situation where they could easily write to the DVLA and say that you are not fit to drive. Again, I understand what you have said, but it's very easy for someone to say - this claimant has a panic attack and has admitted they limited her ability to drive, and you might want to consider if she should be driving at all." (And by the way - the DWP has done this and a small number of people have lost their licences). Now, if I were you, I would focus on the impact of your PTSD and extreme anxiety, which would make it virtually impossible to travel on public transport, take a taxi with a stranger and perhaps even walk surrounded by noise. The fact that you drive then is a necessity, and you are very limited in what you can do. Obviously, I don't know what you wrote or what you said, I am only saying that because you have said so much about the driving.
Until you have a copy of your statement of reasons, it is difficult to know whether they made any errors. Certainly, in terms of your ability to move about, they should consider all forms of transport and the whole picture, and not just one and that could be a possible error you could argue. I would hope that there is something in the statement about their reasoning and why they came to their specific conclusion. I would also want to know why, as you said, they have ignored other issues that you have, and that should be apparent and there may be something else they missed.
BIS
This is a tricky one. As you know, the First Tier Tribunal has to have made an error in the law for you to appeal to the Upper Tribunal. Just because you disagree with their judgement - that doesn't from a legal stand point necessarily make it an error. You can argue that you were previously awarded ten points but they can easily say that may be, but that's not their opinion now. As you say you have moved and you drive. Please don't think that I don't recognise that what you're able to do is limited - I do - I am just saying what they are likely to argue.
There is also an issue that I am concerned about. If you do find a reason where they made a mistake in law, you want to be very careful about pushing the issues with your driving, because I can see a situation where they could easily write to the DVLA and say that you are not fit to drive. Again, I understand what you have said, but it's very easy for someone to say - this claimant has a panic attack and has admitted they limited her ability to drive, and you might want to consider if she should be driving at all." (And by the way - the DWP has done this and a small number of people have lost their licences). Now, if I were you, I would focus on the impact of your PTSD and extreme anxiety, which would make it virtually impossible to travel on public transport, take a taxi with a stranger and perhaps even walk surrounded by noise. The fact that you drive then is a necessity, and you are very limited in what you can do. Obviously, I don't know what you wrote or what you said, I am only saying that because you have said so much about the driving.
Until you have a copy of your statement of reasons, it is difficult to know whether they made any errors. Certainly, in terms of your ability to move about, they should consider all forms of transport and the whole picture, and not just one and that could be a possible error you could argue. I would hope that there is something in the statement about their reasoning and why they came to their specific conclusion. I would also want to know why, as you said, they have ignored other issues that you have, and that should be apparent and there may be something else they missed.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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