PIP Tribunel

The problem with appealing to the Upper Tribunal is that you need to show that the Lower Tribunal has made an error in law.

What does that mean? It means that the Lower Tribunal has not applied the PIP rules correctly to your daughter’s circumstances. In English that means you would need to prove that information was available to the Tribunal to award more points but they failed to do so.

By all means try the CAB or Disability rights organisations.

However, having worked in one myself I know they are more geared to helping within the Lower Tribunal. An appeal to the Upper Tribunal is more complicated and as a general rule they advise professional legal representation. I know it is possible to get legal aid but there is a strict criterion.

If you wish to continue yourself you need to go through the PIP descriptors and try and find extra points which could have been awarded from the information available to the Tribunal.

From what you have said previously I would look at ‘monitoring a health condition’ (medication) food preparation (assistance) and bathing.

I still also think you have a valid claim with accompanying your daughter on journeying out.

hi Anthony

Since getting home and thinking things through and talking to my daughter I don't think we are going to go to the upper tribunal, we did have a lovely panel, my daughter thinks she messed up as she was nervous, she even said to them mum picked my clothes out otherwise I would have worn a hoodie lol. but what I may do is as I looked at the CAB website, it says we can apply for pip again if things change.well she will be getting her hospital referral soon and her medicaation will probably change too once she has been to the hospital. so would it be worth reapplying at all at a later date. would the points she has now still count including the 3 the tribunal gave her. many thanks for you replies.

would the points she has now still count including the 3 the tribunal gave her. 

No, a new claim is exactly what it is - new. The decison will be made on the new claim form, any evidence that you can send in that confirms her needs (not her diagnosis) and quite possibly a new face to face assessment.

This is what happens unfortunately. Many apply for PIP get an award for say 2 years and on renewal find that the award they had is removed - because it is a new decision and what happened before has no bearing.

Thank you for the feedback on this, all she wants really is proof she has disabilites so maybe she can get some sort of benefits such as a disabled bus pass and that sort of thing.

Aw I really feel for you.

I had help from a social welfare worker and although I haven't got my result yet I'm quietly confident.

I found her through my local housing association; she works for them to help tenants but that's not the only situation they work in. You might be able to find a local one.

To add to Anthony's adivice the Work and Benefits site is very helpful about descriptors etc. 

Hi Michelle

I think you and your daughter have made a wise decision.

My next advice was to make a new claim. As Les explained you are not guaranteed the extra points, but you are now more experienced about what to write down on the PIP form.

If you Google PIP descriptors you will find a PDF document which you can download and print off. Go through the descriptors and see which ones apply to your daughter.

A good start would be to concentrate on the monitoring a health condition and washing & bathing where you picked up extra points. The target is 8 points for standard living.

A couple of tips 2 points could be available from Descriptor 2 re-‘supervision to be able to take nutrition’ (the nut allergies). At a push but worth a punt is 4 points from Descriptor 9 ‘Needs social support to be able to engage with other people’. Your daughter’s epilepsy is very sensitive and as result your assistance is required when engaging people face to face in case of a seizer from any source of flashing lights.

Finally 10 points could be available in the Mobility section in Descriptor 1 re-‘cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid’. Again as her condition is very sensitive she requires you to be with her when venturing out. This would give you standard mobility £21pw.

BTW never mind about the result think of it as a learning curve.

You need 8 points nationally.

I am surprised that as a member of the public you had access to a 'Social Welfare Worker' which I assume was from your local council.

I believed that by now only those who had a current Social Worker working with them had the ability to access this additional help.

In our councils, both District and County - all of the Welfare Workers bar two were made redundant a couple of years ago. The general public are excluded from accessing them.

Additionally there is a CAB in the town but since 2015, it can no longer offer a Welfare worker as they too were made redundant. At best they have volunteers who offer tea and sympathy.

 

Thanks Les, got refused Bus Pass because I did not meet the 8 points for moving around.

Also on the letter it says you have to be on PIP for 12 months or longer, i did not see that on the Government,

Local Council or the application form! Why is it based on how far you can walk and not about your disability?

The person that help me with my PIP and ESA, Welfare Benefits Advice. full time staff member and they were

Funded by the Council. What is the difference between Welfare Benefits Advice and social welfare worker?

The goal posts keep getting wider!!!

Thanks, Twiglet,

None really. I was just questioning the fact that most councils now do not fund welfare rights advisors. Money is tight - even with Social Services in my council you would get no help unless your case was severe. On top of that they have cut back on help when you are discharged from hospital - you used to get up to 6 weeks of support - now only those who have no family to care for them get a maximum of 3 weeks help.

So to hear that the council tax payers of your council are still funding welfare rights officers is a surprise.

If my council attempted to re-start this at some time in the future there would be uproar from those that pay their council tax - we have been warned!! 

The advice centre that I went to is in a different district to where I live and it part of what I think is a health centre. It's a massive new building you name it, it has everything.

The cafe is very nice, it serves lovely food and not expensive either,

The fish & chips were lovely.

Thanks Twiglet,

I have access to one through my Housing Association; they offer this help to all their tenants. She told me that it benefits them to look after their tenants, which makes sense.

Shame that banks and building societies don't offer the same. Homeowners are not only paying a mortgage and all of the other costs of being responsible for where you live, but in addition have to pay for professional legal/benefit advice too.

Then when they do fall on hard times and have to ask the DWP for help towards the interest payments whatever the DWP pay out is charged to the property plus up to 8% compound interest and repaid back to the DWP at a later date. Technically the DWP could repossess the property to get their money back!