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Did I make a mistake
- Carper
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5 years 3 months ago #224159 by Carper
Did I make a mistake was created by Carper
When I appealed to the tribunal I said it was because only the std rates of DLA and Mobility were given and not the higher rates of both.
And so if the DWP fall on their sword a few days before the tribunal date and offer 12 and 12 points when the numbers should read 28 and 12 do I still have the right to choose the Tribunal or do I have to accept the low points?
If I have made a mistake should I in future appeal on the grounds of not getting 28 and 12 points?
Kind regards, Carper.
And so if the DWP fall on their sword a few days before the tribunal date and offer 12 and 12 points when the numbers should read 28 and 12 do I still have the right to choose the Tribunal or do I have to accept the low points?
If I have made a mistake should I in future appeal on the grounds of not getting 28 and 12 points?
Kind regards, Carper.
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5 years 3 months ago #224180 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Did I make a mistake
Carper
If the DWP make you a more advantageous award than you currently have, for example; an Enhanced award of Daily Living and you accept this then can request a new appeal for the Enhanced rate of the other component.
If they offer the Enhanced rate for both components then you cannot appeal further for the "missing" points, Tribunals are only interested in the award, not the points that might be scored.
Gordon
If the DWP make you a more advantageous award than you currently have, for example; an Enhanced award of Daily Living and you accept this then can request a new appeal for the Enhanced rate of the other component.
If they offer the Enhanced rate for both components then you cannot appeal further for the "missing" points, Tribunals are only interested in the award, not the points that might be scored.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carper
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5 years 3 months ago #224250 by Carper
Replied by Carper on topic Did I make a mistake
Thank you Gordon, pretty much as I expected and is why the DWP fall on their swords so often before the Tribunal. My claim I believe will get 24 to 28 points for Daily living and of course the DVL know they can get you for just 12 points.
Fiddle .
Fiddle .
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