My mandatory decision from DLA to PIPwas turned down so I requested it go to court, at the same time I sent further evidence and the DWP changed their decision. I asked if the case to the courts could be dropped and they pay me the PIP owed, the DWP said let’s wait and see what the courts say, can they be made to uphold that decision? Can they be held accountable for the decline in my health due to being made to wait for the tribunal?)
Twelve months later I went to the tribunal with an advisor, and was turned down. I have tried some places for a solicitor to help, no success, my advisor doesn’t know Law.
The tribunal and letter was just a farce. The judge had not read all the evidence provided or the previous evidence from my DLA. She made presumptions on my health before assessment and up to trial. Persistent Depression is in itself descriptive. I feel along with my advisor there has been unfairness and a breach of justice. She also said I was calm and relaxed which if you ask my advisor is untrue, we have it recorded, I had to stop for a few minutes as I was in tears. She made presumptions about my MH and disabilities. She contradicts her findings, no points for all the coping aids. I believe they have no evidence to support their decision.
We want to apply to upper tribunal do we need a form to do this? Or do we just write to the courts asking the Judge? Can you advise please? Thank you.