Fibromyalgia Action UK
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Upper Tribunal PIP appeal

Hi, I'm new here and hoping to find help with UT1 and going directly to the UT for an appeal, as my request for permission to appeal was turned down by the FTT. I have found the excellent post by @esagestapo but it was written five years ago so looking for any updates on that although I think a lot of it still applies - if anyone can help please.

I have brittle T1 diabetes with practically no hypo or hyper awareness, the lack of hypo awareness being the most dangerous for me at the moment. I was on indefinitel DLA which enabled me to pay for a continuous glucose monitor which alerts me when my blood glucose levels are low. I was born a year too late for my DLA to continue and PIP was refused, mandatory reconsideration turned down, FTT rejected my appeal and my request for an UT hearing; so now I'm filling out the UT1 to ask the Upper Tribunal for an appeal directly.

If anybody has further information on what counts as an error of law and any case law which supports these errors, that would be much appreciated.

Thank you.

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Did they say why they rejected your appeal?

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They stood by the findings of the medical report on the original assessment in February 2017. They did not seem to take into consideration any of the points we made in the mandatory consideration or in the appeal submission. The appeal was truly awful, with a "medical expert" who knew nothing about brittle T1 diabetes and a disabilities representative whose only question was to ask me if I boiled my food.

The CAB and a disability organisation who advised me, both felt that the continuous glucose monitor should be seen as an Aid or Appliance as defined by the Disability Rights Handbook and the assessor, DWP and the FTT did not agree even though it replaces a faculty, that of hypo awareness. I cannot perform the daily activities safely, reliably and repeatedly because of hypos. The CGM alerts me before I need third party assistance (in the main) but I still have hypos every day and they are very debilitating. Plus I have neuropathy which means I drop things a lot, the hypos affect my balance and ability to do anything very much. I work very hard at staying as healthy as possible but that seemed to count against me.

So, I don't think they took into account the evidence, they disregarded my evidence and also that of my GP, specialist nurse and consultant. But I don't know if these are errors of Law?

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Ah yes. My friend has a glucose monitor too, for the same reason. How is that not an aid or appliance?! TBH, I don't know enough about the law to have antly idea whether anything you list is an error of law, although it certainly sounds unfair!!

I suspect you need expert help at this point. Does the CAB provide this?

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I don't know how they work it out that it is not an aid or appliance. It definitely falls within the definition given in the Disability Rights Handbook. My consultant was amazed that they took no notice of her statement about why I need one. It seems to me to be a deeply flawed system and biased towards the DWP because obviously they pay the 'experts' and if the experts keep finding in favour of the claimants, they'll be out of a job. The judge at the FTT seemed the only reasonable person there but she was overridden by the 'experts'. The UT is different and hopefully more impartial - that's why I want to get the errors of law right. Our CAB has one person who has legal training but it seems very difficult to get to see him. I'll try again. Otherwise, I've now found some helpful information online. :-)

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I've copied this from any answer on the SCOOE website when someone asked moremir less than same question, hooemit helps:-

Given that you attended a tribunal the next stage in challenging a decision is to show that this tribunal has made an ‘error of law.’ An error of law IS NOT about if you are entitled to PIP. A legal error is when for example a tribunal has not interpreted the law correctly or there was no evidence to support their decision.

If you wanted to consider challenging the Tribunal decision the next stage is to ask the tribunal for a copy of the full reasons for their decision and a copy of any hand written notes taken by the tribunal judge. The appeal service must receive this request within one month of the date of the decision. For example if you attended the appeal and were given the decision on 6 March 2017, then you must make this request by 5 April 2017.

Your request should be in writing, and state for example ‘I write to request the full reasons for the tribunal decision made on ------ in regard to my PIP appeal. I also request copies of any hand written notes taken during my appeal hearing.’ Your letter should also quote your name, address, national insurance number, and if possible you appeal reference.

Once you have the tribunal reasons it may be worth seeking advice e.g. from a local advice centre, Citizens Advice or Law Centre to see if an error of law can be identified.

If an error of law is identified you have to write to the tribunal explaining what the error is, and again you have 1 month from the date of the reasons to make this request. If this request is not successful you can make a further challenge and I would encourage you to post again, if this is the case.

Read more at community.scope.org.uk/disc...

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Thank you rosewine . The FTT have turned down my request for an UT hearing so now I have to submit a form (UT1) directly to the UT and that is why I need advice on all the possible errors of law there might be. The post on here from five years ago is helpful but I wondered if there was any more information on what constitutes an error of law. I've had advice from a local Disabilities Organisation and from CAB, but really at this point, it would be helpful to have advice from someone who has legal training and is familiar with PIP and the UT system. :-)

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Have you enquired about legal aid as I have a feeling it is still available for appeals just to the Upper Tribunal worth enquiring just in case. Do your household insurance cover legal help? Sorry have to go to bed now as in the middle of a flare good luck.x

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Thank you rosewine. Yes, I've enquired about legal aid but it's only available in places like Manchester or Liverpool and I really don't feel up to travelling. I expect you know what it's like.... when you feel unwell quite a lot of the time anyway, having to go through all this 'stuff' (document bundle is now over 150 pages) and deal with all the bureaucracy is really difficult. I've found some helpful info online and I'll do my best with that. It was trying to work out what constitutes an error of law that I was having difficulty with but I'm finding bits and pieces online from following leads like yours (above). Thank you. I hope you're alright and the flare has subsided. <3

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Feeling much better today thank you. I do hope it continues so I can enjoy my birthday tomorrow as so many years I have been under par. We could all do with a bit of sunshine.

Yes there seems to be so much help in the big cities. I had to to two tribunals with my husband and there is so much stress involved. Fortunately after the second one we won but she. I wanted to appeal against my ESA decision he said "please don't I couldn't stand the stress again" so I really admire your determination to go further and so want you to succeed.x

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Happy birthday for tomorrow, hope it's a lovely one and the sun shines. A friend of mine has fibro but she spends 7 or 8 weeks in Tenerife in the winter and it disappears while she's in a warm climate. As soon as she came back, she had a flare up. She's fortunate to be able to do that.

One of my daughters has put a lot of effort into the PIP thing - without her I would have given up some time ago, even though it has left me struggling to look after myself.

Thanks for wanting me to succeed - appreciate that. Sometimes it feels like everything is against you! :-)

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This for the birthday wishes had a good day very little pain for once minor miracles happen. I wish benefits weren't such a horror story. My friend's daughter has lupus, RA you name it but still worked until she was literally collapsing couldn't eat etc etc and still only got 4 points it is utter madness. Her son whose problems are self inflicted gets higher rate mobility and care, grhh.x

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Remember It's what you can't do on a bad day that is important. Never what you can do on a good one!!

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Did you get any pip benefit or down all together

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Nothing!! Went from higher rate for daily living and lower rate for mobility with DLA to absolutely nothing with PIP. Could not believe it! The HCP stated in her report that 'insulin helps her symptoms' - that was her level of understanding of brittle T1 diabetes with no hypo awareness. I've had a long time to get used to the wall of bureaucracy though so now I don't feel quite so upset by it, especially when I see people who are so obviously disabled being asked to prove that they are. It is truly appalling for so many people. So... onwards and upwards. I'll do the UT1 and see what happens. :-)

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I see that you've been given some PIP. Difficult decision then -whether to challenge or not - as they have the power to take it away if you appeal. Good luck with it. I hope you've still got enough to get by comfortably.

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What did your doctor say or ask the doctor go with with you

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My doctor and consultant are so overworked, I wouldn't feel able to ask them to do that. But thank you for the thought. One of my daughters came with me and was just as frustrated about the farcical lower tribunal as I was!

I'll send the form and see what happens.... :-D

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Are you in England or n Ireland

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England..

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