Addressing the Risk of Submitting an Appeal

I just wanted to share a experience with others who have similar concerns.

I appealed last November regarding my PIP assessment. I had previously found out on B&W and elsewhere that this course is not without risk because the Appeals process looks at the entire claim and not simply what you have appealed about,

So in theory, one might end off worse off than not appealing, if a tribunal determined differently,

So I rang the Appeals Service to ask whether there is a standard procedure for forewarning people if there was a risk the tribunal considering an appeal might leave an appellant in a worse position than if they had done nothing.

The answer was less than convincing. So I said exactly that and was advised to write in to the office which sent my confirmation of appeal receipt.

I asked for clarification as to whether it was standard procedure to forewarn claimants in such circumstances. If not, whether a note could be placed on my file for me to be so warned,if necessary.

I have today received a Direction Notice fromc a judge stating that I should be informed if a Tribunal considers that an existing award is at risk,explaining also what my options are.

Conclusion? There is no standard procedure and I think that all B&W members who are concerned, should, for peace of mind, do what I did,

If all did this, the flood of correspondence would force the Appeals Service to standardise their procedures.

Thanks

A

Augustus wrote: I just wanted to share a experience with others who have similar concerns.

I appealed last November regarding my PIP assessment. I had previously found out on B&W and elsewhere that this course is not without risk because the Appeals process looks at the entire claim and not simply what you have appealed about,

So in theory, one might end off worse off than not appealing, if a tribunal determined differently,

So I rang the Appeals Service to ask whether there is a standard procedure for forewarning people if there was a risk the tribunal considering an appeal might leave an appellant in a worse position than if they had done nothing.

The answer was less than convincing. So I said exactly that and was advised to write in to the office which sent my confirmation of appeal receipt.

I asked for clarification as to whether it was standard procedure to forewarn claimants in such circumstances. If not, whether a note could be placed on my file for me to be so warned,if necessary.

I have today received a Direction Notice fromc a judge stating that I should be informed if a Tribunal considers that an existing award is at risk,explaining also what my options are.

Conclusion? There is no standard procedure and I think that all B&W members who are concerned, should, for peace of mind, do what I did,

If all did this, the flood of correspondence would force the Appeals Service to standardise their procedures.

Thanks

A

Hi A,

Yes, if a Tribunal Judge was considering reducing or stopping your existing award, they would first have to issue a "Warning", and give you the opportunuity to withdraw your appeal.

This is covered from Page 131 of The Benchbook under the heading "61A WARNING"

The latest edition of the Benchbook available in the public domain can be seen just over half way down : This Page.

bro58

bro58

Thanks. Bench book seems clear so the judge's direction notice seems a bit odd.
A