Fed up!!

[Welshlady56]

How many times can you appeal? I failed the assessment, based on lies off the acessor. I appealed, took months. I failed again based on the lies. I even knew the judge, he should have cancelled. Can I try again with the same symptoms, ie, Fybromyalgia and everything that comes with it , arthritis, asthma.

[FRreedman]

First, sit down and take it easy, you sound really worked up. Now, as you know PIP does not depend on your diagnosed illness but on your actual prognosis, so don't rely on the fact that you have been diagnosed with this that and t'other. The best thing to do is look at the initial f2f and see where you scored points and where you lost them. Now go on to the Benefits and Work website and do their PIP test. They will email your score, see how that differs from the f2f assessment. If there is a massive discrepancy, ie. one that gives you enough points to qualify for a standard or enhanced claim, you then have a choice. Appeal to the Upper court of Appeal on the grounds of an error in law: The Chairman (judge or lawyer) should have disqualified himself as he knew you. (As long as he hadn't disclosed this in advance and you accepted it).

[Welshlady56 in reply to FRreedman]

Thanx for your quick reply. When I went to see the CAB I was scored quite high, but scored zero on everything by the acessor,even though I was visibly in great pain and very stressed. When I went to the appeal I was also in great discomfort and very much out of breath. I am now waiting for an urgent appointment to see the respiratory consultant. Should I wait for that appointment or re try now for PIP?

[FRreedman in reply to Welshlady56]

I think, under the circumstances, it would be better to wait and see what the respiratory doctor has got to say and you can then re-apply, due to a change in your circumstances, but you must remember it is not what you are diagnosed with that counts it is how it affects you and the way you have to live your life that counts.

[Welshlady56 in reply to FRreedman]

Thanx, yes I know its to do with how my illness affects me, it really does. I'm in constant pain, upper back, shoulders, elbows, that's on a good day. Extreme fatigue and panic attacks are part of my life too.

[AuntieCath]

As I understand it, if you have done the MR and been to a Tribunal (you can appeal to the Upper Tribunal but only if you believe the law has been incorrectly applied), the only option then is to reapply for the benefit, ie, back to square one. 😟

[Welshlady56 in reply to AuntieCath]

Thanx for your quick reply. When I went to see the CAB I was scored quite high, but scored zero on everything by the acessor,even though I was visibly in great pain and very stressed. When I went to the appeal I was also in great discomfort and very much out of breath. I am now waiting for an urgent appointment to see the respiratory consultant. Should I wait for that appointment or re try now for PIP?