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PIP Appeal Process -Aspect Of

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10 years 5 months ago - 10 years 5 months ago #126912 by Augustus
PIP Appeal Process -Aspect Of was created by Augustus
I have appealed the DWP decision to award me lower rate mobility. The other element was higher rate awarded.

I was alarmed when the Appeal Service told me that they had given the DWP the opportunity to re-review my case in the light of the papers I sent in with my appeal.
AND they said it had told DWP to pay me lower rate.
I do not know what this means. Is my money overall going to be reduced while the appeal is ongoing - like a PIP Assessment phase?
I had not known anything about this.
All I knew was what the forum advised: that in the event that the tribunal might make a finding that is worse for me, I would be warned so that I could withdraw if I so chose.

Could anyone clarify what the appeals service meant by this?

Thanks
A
Last edit: 10 years 5 months ago by Gordon.

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10 years 5 months ago #126915 by Gordon
Replied by Gordon on topic PIP Appeal Process -Aspect Of
Augustus

Without a better understanding of the actual words used by the Tribunal Service on this letter, all I can explain is how the process is supposed to work.

When you lodge an appeal the DWP will prepare a "packet" of evidence that they submit to the TS, you will receive a copy of this which should contain all of the documents they used in making the Decision; so it will include your PIP2 form and of the documents you attached to it, the assessment report and possibly additional material such as a GP report.

You have one month from the date of the accompanying letter, the period may be longer in reality but should you should still aim for the one month, to send the TS any submission and additional evidence that you want them to consider as part of your appeal.

To answer your first question. The DWP have an obligation to review any submission and new evidence that you submit to the TS, they will automatically receive a copy of everything you submit. If this new information is sufficient for them to change their minds and to make a more advantageous award then they should do so and lapse (cancel) the appeal, if you are still not satisfied with this new award then you can make a new appeal.

It sounds like the TS are reminding the DWP to do this as they often only have a cursory look at anything new that is submitted.

To try and answer your second question, the DWP Decision remains in place until the TS make a new Decision on your claim, so if you were awarded Enhanced Daily Living and Standard Mobility, then this is what you will continue to be paid until the TS panel make a new Decision.

On the day of the hearing, I assume that you have opted for an Oral hearing which you attend, the panel will read your papers in detail, if they feel that there are questions over your current award, then they have a duty to inform you of this at the start of the hearing and to allow you to withdraw your appeal, if you do then the DWP award will continue, if you do not then you will be bound by whatever award they make.

It is important that you understand that the panel re-make the original award, this means that they increase your current award, leave it unchanged, reduce it or even remove it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 5 months ago #126947 by AK
Replied by AK on topic PIP Appeal Process -Aspect Of
Hello,
I have recently submitted an appeal for PIP. It has only been 6 weeks and I have been told it could take a further 10 weeks to get a hearing date. In the meantime I want to get a comprehensive report/letter from GP but am unsure as to how to word it- what information it should contain etc.

Thanks
AK

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10 years 5 months ago #126956 by Gordon
Replied by Gordon on topic PIP Appeal Process -Aspect Of

AK wrote: Hello,
I have recently submitted an appeal for PIP. It has only been 6 weeks and I have been told it could take a further 10 weeks to get a hearing date. In the meantime I want to get a comprehensive report/letter from GP but am unsure as to how to word it- what information it should contain etc.

Thanks
AK


Your GP needs to explain which of the PIP Descriptors that they believe you meet and why, you could prepare a list of the Descriptors, you must remove the point scores to avoid being seen as leading your GP, ask them to tick which one applies and then to explain why they have made that choice.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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