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PIP APPEAL – DO I APPEAL OR NOT?
- sue1906
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5 years 5 months ago #222841 by sue1906
PIP APPEAL – DO I APPEAL OR NOT? was created by sue1906
I recently received a Mandatory Reconsideration decision for my PIP award. The original decision went against me and took away both components completely. Originally I in 2015 I was awarded Enhanced Rate in both components by a Tribunal. My recent face to face review didn’t go in my favour so I asked for a Reconsideration. This went in my favour and was awarded 9 points for Daily Living and 14 points for Mobility. I feel that the Daily Living Component on two of the descriptors should have scored points and now considering going to appeal. I have read the guides you have on here and am concerned by the risks involved by appealing. It states that the DWP may look at the entire award instead of just the two descriptors I wish to appeal over.
Having been awarded these before I feel that I should appeal this as if I don’t I see this as giving in to the system, purely based on the risks that come with making an appeal.
Can anyone give any advice on my predicament and if anyone has had first hand experience of this type of situation.
Many thanks.
Having been awarded these before I feel that I should appeal this as if I don’t I see this as giving in to the system, purely based on the risks that come with making an appeal.
Can anyone give any advice on my predicament and if anyone has had first hand experience of this type of situation.
Many thanks.
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- Gordon
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5 years 5 months ago #222855 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL – DO I APPEAL OR NOT?
Sue
If you have had an MR then you have already done the "dangerous" bit as it is at MR that the DWP can change the points, if you request an appeal then the DWP can only make a more advantageous award.
If the appeal panel has concerns over your existing award then they must warn you of this and give you an opportunity to withdraw your appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
If you have had an MR then you have already done the "dangerous" bit as it is at MR that the DWP can change the points, if you request an appeal then the DWP can only make a more advantageous award.
If the appeal panel has concerns over your existing award then they must warn you of this and give you an opportunity to withdraw your appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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