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Statement of reasons

Teresa_1Teresa_1 Posts: 18Member Whisperer
edited January 15 in Ask a benefits advisor
At last l have statement of reasons sent to me re refusal of PIP.They state that l travel 8,000 miles per annum in my car which is not true,and can be checked via Motability l presume.I had my car nearly 5 years,and have done less than 9,000 miles! Due to this,they say l can cover a considerable distance on an annual basis.Can this be considered an error of judgement please?

Replies

  • tommtomm Posts: 157Member Chatterbox
    edited January 14
    Yes, IMO because it's an error of FACT, can you prove what miles you cover? the evidence is key, as this could well be a case of a simple mistake made at the garage who carries out the annual service checks, where someone has input the incorrect odometer reading, which should be fairly easy to show, if that is the case
  • Teresa_1Teresa_1 Posts: 18Member Whisperer
    I'm sure motability will know for sure.I had the car from new with them.Sadly,what they've put has been used against me
  • Teresa_1Teresa_1 Posts: 18Member Whisperer
    Sorry,but was does IMO mean?
  • NystagmiteNystagmite Posts: 610Member Chatterbox
    edited January 15
    IMO = in my opinion

    What does the distance you supposedly travel have to do with your PIP refusal?
  • Teresa_1Teresa_1 Posts: 18Member Whisperer
    Because l'm agoraphobic,so don't travel far,very complicated to try and explain.

  • NystagmiteNystagmite Posts: 610Member Chatterbox
    Ah, I see. They're using that as evidence you can't be agoraphobic and therefore, are able to get out and about.
  • Teresa_1Teresa_1 Posts: 18Member Whisperer
    Yes,basically.Saying l travel approx 8,000 miles per annum,therefore covering a substantial distance on an annual basis.
  • CockneyRebelCockneyRebel Posts: 4,135Member, Community champion Brian Blessed
    If you are hoping to appeal to the UTT then you really need to get trained advice as to whether this is an error in law

    CR
    Be all you can be, make  every day count. Namaste
  • Teresa_1Teresa_1 Posts: 18Member Whisperer
    Thank you,yes,l'm aware,but very unsure about how to go about it.That was the advice given to me from my MP.I need to find a way of doing this privately.
  • mikehughescqmikehughescq Posts: 2,897Member Brian Blessed

    You cannot appeal to the UT on an error of fact. You need to identify one of the 5 errors of law. However, in this case you theoretically have a tribunal which made a finding of fact for which there is no evidence. The question is whether there is really no evidence. If you took out the one silly mistake would there still be evidence upon which they could have drawn the same conclusion? If there could then there's no error of law.

    Either way, starting point is to requests a statement of reasons and record of proceedings within one month of the tribunal decision and then secure yourself representation in order to identify potential errors of law as well as assess your entitlement if you win. No point in showing an error of law; getting the matter referred back for a fresh hearing only to discover that you weren't ever going to be entitled anyway.

  • NystagmiteNystagmite Posts: 610Member Chatterbox
    I personally wouldn't use the amount of mile as my argument. If you're appealing mobility on the basis of planning and following a journey, there's no mention of using a car. It's to do with getting from A to B safely without help.
  • mikehughescqmikehughescq Posts: 2,897Member Brian Blessed
    Agreed but it could be the main way to argue the decision was erroneous in law. Taking into account an irrelevant consideration is also an error of law.
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