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Pip appeal letter

clarabelleclarabelle Member Posts: 71 Connected
edited October 2017 in PIP, DLA and AA
Hello

The FtT decision was to increase and backdate the DLA of Pip.  They have,,on the whole agreed my GPS scoring however, they have not agreed with her scoring on managing therapy (e - 6 points) and have scored c - 2 points)

They have not included any information on their decision on activity 9 which my gp scored as b - 2 points but in discussion at the appeal might well be  d I

There decision regarding mobility does not include their scoring for 1 which my gp scored as d - 10 points and they have not scored as my Gp for 2 c - 8 points, they have scored b - 4 points. 

I am unclear if I am now to ask for a correction  or an appeal to the higher tribunsl given the scoring for 9 and 2 being missing from their decision and also that they have not agreed the scoring for DL 3 or M 2

Their letter states the decision was made on medical evidence presented. 

Any advice would be appreciated.
Read more at https://community.scope.org.uk/discussion/36884/correction-or-2nd-stage-appeal#XHsgUzzkce719D0l.99

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    clarabelle,

    You can only appeal against an FTT decision on an 'error of law'. The first step is to ask for a statement of reasons. From reading your other post, I think the main practical effect of all this is that you haven't been awarded any mobility component, so if you do appeal further I'd concentrate on that (I think you've got enhanced daily living?)

    An error of law can include not giving adequate reasons for a decision (eg if, when you get the statement of reasons, you think it isn't clear why they have come to different conclusions from your GP). It can also include there being no evidence for their decision, or a failure to take things into account (eg the activities they appear not to have considered). 

    I don't think you are asking for a correction here as it is entirely possible for tribunals to come to different conclusions to medical professionals, and it may be that they think some of the activities aren't relevant, but if so I would expect this to be in the statement of reasons (assuming you raised those activities in your appeal). A correction would be more like a clerical mistake - for example if they have genuinely forgotten to give the score for mobility activity 1. I think that's unlikely, but it may be clearer if you get a statement of reasons to see what their thinking was. 

    I think you should ask for a record of proceedings too because that will show you exactly how the tribunal has considered your evidence and submissions. You can ask for this now. The statement of reasons can be requested within one month of the decision. 

    Hope this helps and maybe post back when you get those documents? If you do want to go to upper tribunal though, I'd recommend trying to get face to face advice, although I know that is difficult to get.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • clarabelleclarabelle Member Posts: 71 Connected
    Hi Will

    Thanks for the response. 

    I'm not sure there will be a record of the meeting - I didn't ask in advance for it to be recorded. I'd love their to be, given some of their comments. 

    How can they decide some areas aren't relevant if they are the areas under dispute and which we spent an hour discussing?

    I spoke to HMCTS thus morning and she suggested I write in and can ask for corrections and also say that if tribunal don't feel it's corrections ask them to set aside and give a statement if reasons. 

    You are right, my main concern is the mobility but I would still like the points recorded for 9 of DL.

    If I ask for it to be set aside does that mean I will not revive the backdated/increase of PIP while it's being dealt with? 


  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hello Clarabelle

    Was your tribunal recorded? There are pilots for some tribunals to be recorded rather than the Tribunal Judge take notes during the hearing. For the vast majority of hearings the Judge will take notes, these are the Record of Proceedings.  The Judge will then use these notes to formalise the decision in the Full Written reasons for the Tribunal Decision.  

    You can ask for both the Full Written Reasons for the Tribunal Decision and the Record of Proceedings.  This request must be made in writing to the Tribunal Service within 1 month of the tribunal decision.  If you are considering challenging a Tribunal decision this is the starting point, without these reasons you cannot challenge the Tribunal decision.

    The full reason as Will stated in his post will hopefully explain how the Tribunal reached their decision and based on what evidence.  They should also explain why they placed more weight on some evidence and when compared to other evidence, or why for example some issues were not relevant and some were.

    I understand that HMCTS stated you should ask for corrections, but I would echo Will's post in that it maybe that you have to formally challenge the Tribunal's decision rather than pursue a correction request. 

    In regards to whether your award of PIP will be put in payment, PIP may suspend payment until the issue is resolved. 

    Maria

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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