DWP appealing First Tier Tribunal decision

I'm putting this out here in case it helps anybody else a little. Bear with me, I suffer from extreme anxiety and am on the waiting list for an autism assessment and hopefully a diagnosis. (I have invisible disabilities. Both mental and physical). I tend to overshare or am a little ambiguous. I've tried to put this in bullet points to keep it from getting too wordy.

• I was previously on PIP at the standard rates for both daily living and mobility, I had a five-year award. On my PIP reassessment in early 2023, they only awarded me the standard mobility rate, disallowing the daily living component. They also only gave me a two-year award.

• I appealed to the First Tier Tribunal (FTT)and have recently had the decision letter, which not only ruled in my favour, but they awarded me the enhanced rates of both Mobility and Daily Living. They gave me a six-year award with backdated payments. Needless to say, I was massively relieved. During this year, my physical and mental health issues have been exacerbated by the stress of the PIP appeal and this new award was like a light opening up from the heavens. No exaggeration.

• A week or so later, I received news from the DWP saying they will still only be paying the standard rate of Mobility and nothing else because they've requested a Statement of Reasons (SoR) and will be looking to appeal. (I had the news initially over a phone call when I called to ask how long it might take. I broke down on the phone, and the other person was what I'd describe as 'coolly sympathetic'. I then received the letter after a few days.

I've been reading up where I can about how it all works with the Upper Tier Tribunal (UTT). There's mostly only information about claimants pursuing a UTT appeal, not the DWP. There isn't much information about that, but I've gleaned (from these forums mostly) that the DWP has to first request the SoR, and then can only seek permission to appeal to the UTT based on a point of law. Permission may not be granted. If it is granted, the DWP still might not win.

I'm utterly exhausted and feel like I've had the rug pulled from under me.

That was all background information... My worries are the following -

1) I was surprised to be awarded enhanced amounts for PIP, because I'd argued for my original award (standard rates of mobility and Daily Living) to be reinstated for five years. The FTT seem to have awarded me more points and a longer term than I argued for, and this did surprise me. The lady I spoke to on the phone from the DWP did keep repeating 'The DWP do not understand the award' or words to that effect.

I don't understand it either - so are the DWP probably right and they will win an appeal?


Also, the DWP letter frightens me because it states -

2) ″If we apply for permission to appeal and it is not granted we will consider if we can start paying you the additional benefit″ They'll CONSIDER it???? I thought they had to pay it if they're not given permission to appeal?

And

3) ″There is no right of appeal against the decision not to pay you additional benefit, but if it causes you hardship, please get in touch with us straight away.″ How come they can appeal and I cannot? It's all very frightening for someone with my disabilities.

Thank you, Gary. I'll try to take this as somewhat encouraging.