Appeals — Scope | Disability forum
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Appeals

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Francie
Francie Community member Posts: 5 Listener
in PIP, DLA, and AA
I had a very stressful appeal ( pip) this week , Scottish law. I thought l would hear at the end but they said they had a lot to discuss and would post out a decision. Do you think this is a good sign or not?
Also , my sister went with me for support , not a representative , but was not allowed to sit beside me or speak. She was behind me in the same room but l couldn't see her. Is this the way it should happen ? Really stressed by their  attitude and the whole process. Thanks.
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  • poppy123456
    poppy123456 Community member Posts: 54,041 Disability Gamechanger
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    Hi,

    Sometimes it's not possible for them to make a decision on the day but it doesn't mean anything at all. People have been successful even when a decision hasn't been made on the day. Usually if this happens they write to you within a few days.

    During a Tribunal hearing they want to hear from you in your own words how your conditions affect you. So, no it's not unusual for them not to let your sister speak.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Francie
    Francie Community member Posts: 5 Listener
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    Thank you Poppy. I just think it was a waste of her time coming if l couldn't even see her. I wanted her beside me to hold my hand  , and l am over 60!! I would advise everyone who can to take a representative with them. I didn't , laughingly thinking that telling  the truth  would be enough! I was INTERROGATED relentlessly and my sister and l were both in tears. Don't anyone make my mistake. Get a representative. 
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  • poppy123456
    poppy123456 Community member Posts: 54,041 Disability Gamechanger
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    Having a representative doesn't mean they will be able to speak for you. The claimant still has to speak for theirself. The only time a person can speak on behalf of a claimant is if they have an appointee.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    I was advised at my Appeal to get a Lawyer.
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  • Francie
    Francie Community member Posts: 5 Listener
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    michfinch , good advice. But you can't appeal an appeal , can you?
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  • Francie
    Francie Community member Posts: 5 Listener
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    Poppy ty! That makes me feel a bit better??
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    Yes, I’m appealing an Appeal both ESA and PIP.
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    Ensure ensure the evidence has been presented correctly. If you’ve been unwell it may be you’ve forgotten something, as happens with Mental Health, so ensure you keep in touch with the Clerk to the Court etc etc. 
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    Advise your Dr if there is stress with it all, make sure everything is noted.
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    I have to keep a Diary because of Epilepsy and Memory Loss, suggest you do too.
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  • Francie
    Francie Community member Posts: 5 Listener
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    Thank you michfinch , and good luck ???
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  • poppy123456
    poppy123456 Community member Posts: 54,041 Disability Gamechanger
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    You can't appeal a Tribunal decision unless there's an error in law. Once you receive the decision from the Tribunal, if you're not happy you have 28 days to request the statement of reasons. Once you have this you need to find someone who can take a look to see if there's an error in law, if there's not then you won't be able to appeal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    I am Appealing both PIP and ESA. The Judge at the ESA tribunal muttered “she should be on PIP”, but PIP don’t understand Epilepsy so, with the help of my media contacts, we’re trying to find out why they don’t.
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  • michfinch
    michfinch Community member Posts: 173 Pioneering
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    And, yes, plenty of errors from their side!
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