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PIP result
- Lesley A
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8 years 4 weeks ago #171924 by Lesley A
PIP result was created by Lesley A
Gordan
I would just like to let you know. I went to my Tribunal hearing last Thursday. It wasn't a pleasant experience, the judge doctor and disability lady questioned me so much I just answered as best as I could. I was asked to leave the court room and the decision was made while I was there. Iv been awarded standard rate for mobility and standard rate for living allowance. Previously I was on the enhanced rate for mobility. The answers I gave had to be how I was 7 months ago.... Not present time. Is there any advice you could give me as to where I can go from here. My mobility has worsened in the past 6 months and have the evidence of my condition. They all had the information in front of them but it wasn't taken into consideration as I was assessed earlier this year. Gosh I hope that makes sense . Look forward to your reply... Thank you
I would just like to let you know. I went to my Tribunal hearing last Thursday. It wasn't a pleasant experience, the judge doctor and disability lady questioned me so much I just answered as best as I could. I was asked to leave the court room and the decision was made while I was there. Iv been awarded standard rate for mobility and standard rate for living allowance. Previously I was on the enhanced rate for mobility. The answers I gave had to be how I was 7 months ago.... Not present time. Is there any advice you could give me as to where I can go from here. My mobility has worsened in the past 6 months and have the evidence of my condition. They all had the information in front of them but it wasn't taken into consideration as I was assessed earlier this year. Gosh I hope that makes sense . Look forward to your reply... Thank you
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- Gordon
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8 years 4 weeks ago #171948 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP result
Lesley
The DWP have changed their guidance regarding PIP Mobility so it is possible that this is why there has been a change of award, have a look at the PIP Claim guide for more details, you need to consider whether you can reasonably receive the Enhanced rate?
You have two options going forward. You can challenge the Tribunal Decision but not because you disagree with the Decision, only because there has been an Error of Law. You need to be aware that doing this opens the door for the DWP to also challenge the Decision and if they do it may mean that they do not action the Tribunal award. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Alternatively, if you can show that your conditions have deteriorated since you were last assessed then you can ask for your claim to be reassessed on this basis. You will need to wait for the Tribunal Decision to be processed, typically 5-8 weeks and then you should contact the DWP in writing with details of the deterioration. Be aware that this will result in a full reassessment of your claim, new PIP2 and almost certainly a face to face, also as this would be a new Decision on your claim it will override the Tribunal one going forward. You need to consider the risk that this new Decision could reduce your current award.
Gordon
The DWP have changed their guidance regarding PIP Mobility so it is possible that this is why there has been a change of award, have a look at the PIP Claim guide for more details, you need to consider whether you can reasonably receive the Enhanced rate?
You have two options going forward. You can challenge the Tribunal Decision but not because you disagree with the Decision, only because there has been an Error of Law. You need to be aware that doing this opens the door for the DWP to also challenge the Decision and if they do it may mean that they do not action the Tribunal award. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Alternatively, if you can show that your conditions have deteriorated since you were last assessed then you can ask for your claim to be reassessed on this basis. You will need to wait for the Tribunal Decision to be processed, typically 5-8 weeks and then you should contact the DWP in writing with details of the deterioration. Be aware that this will result in a full reassessment of your claim, new PIP2 and almost certainly a face to face, also as this would be a new Decision on your claim it will override the Tribunal one going forward. You need to consider the risk that this new Decision could reduce your current award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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