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Thread: Advice urgently needed please for Appeal in 3 weeks time

  1. #1

    Advice urgently needed please for Appeal in 3 weeks time

    Hi, Apologies if I am asking for advice in the wrong place but I am a new member. I have an urgent request for advice regarding a PIP Appeal on behalf of my adult daughter who has both mental & physical disabilities. I am her representative. Briefly this is what has happened so far.
    1) November 2016. She applied for PIP and was refused with no points awarded.
    2) April 2018 First Appeal heard but refused with 0 points awarded. Asked for Statement Of Reasons.
    3) I said there were Errors Of Law but Welfare Rights disagreed & refused to help.
    4) I wrote to First Tier Tribunal pointing out Errors of Law.They agreed there were EOL.
    5) August 2018. The decision was 'Set Aside' with Directions for New First Tier Tribunal Hearing.
    6) November 2018. Second FTT Hearing. PIP refused. 2 points awarded Daily Living 9B, 4 points Mobility 1B.
    7) January 2019. Statement of Reasons showed serious Errors Of Law again.
    8) Permission to Appeal Refused so I wrote to the Upper Tier Tribunal Administrative Appeals Chamber.
    9) They gave permission to Appeal. DWP supported our appeal, did not request an oral hearing & agreed to a decision without reasons as did we.
    10) We thought that The UTT Judge would make a final decision.
    11) My daughters health has rapidly declined & she is now really poorly.
    12) UTT Judge has Directed a New Oral Hearing but has sent it back to the First Tier Tribunal for the third time !!!!

    The Appeal is due to be heard in 3 weeks time but my daughters Psychiatrist & GP say she is not well enough to attend. We have got this far with no help from anyone & I am now nearly 77 & dont feel well enough myself to go through it all again with her for the third time. Welfare Rights say it is too short notice as do Advocate, so can anyone please tell me what to do for the best. I fear if my daughter does not attend they will throw her case out on that basis alone even though the medical records support her case 100%. Any help or advice very welcome. Thank you.

  2. #2
    Senior Member nukecad's Avatar
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    You should phone the clerk of the court and explain that your daughter is too ill to attend.
    The clerk will make a note of that and advise you what should happen next, they are usually very helpful.
    The court may want to see a letter from her GP or Psychiatrist supporting that she is too unwell to attend.
    The number to ring will be on the hearing date letter that you got from the court.

    Remember that the tribunal court can only consider the original assessment decision and your daughters capabilities at the date of the assessment, they can't (or at least shouldn't) take any later deterioration into account.

    If your daughters health has declined then a new application for PIP is probably the best way to go.
    Last edited by nukecad; 09-02-20 at 10:11.
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