PIP Success at MR Stage-But thinking of Appealing.

Girlfriinho wrote: I've just received the result of my PIP MR and I've been awarded Lower Rate Care(10 points awarded) and Mobility remained the same with a score of 4 points.
Although I'm delighted with the award,I'm minded to Appeal. My question is, will I continue to receive PIP whilst the Appeal process is ongoing and could the Tribunal in fact reverse the decision of the MR,so the benefit would be stopped.? Any advice would be so greatly appreciated.

You will continue to receive your Daily Living award while you wait for a hearing.

The Tribunal panel can make any Decision that the original Decision Maker could make, this includes removing your current award, if the panel believe this to be a possibility then the Judge
must warn you of this and offer you the opportunity to withdraw the appeal.

Gordon

Girlfriinho wrote: Thank you for your reply. If I request a paper hearing,would the Tribunal contact me to advise that they are minded to remove my current award in order to allow me time to withdraw my Appeal,or would they just proceed in my absence.
Once again thank you in anticipation of your reply.

A bit of a grey answer rather than the black or white ones we try to give.

The Bench book, which sets the rules of operation for a Tribunal says that there should be no distinguishment between the operation of an Oral hearing that the claimant attends and a Paper hearing where they do not, however, when discussing the issuing of a warning it only does so in the context of an Oral one.

I see no difference in the rules for an Oral hearing from a Paper one, so I believe that the panel would be required to contact the claimant even if it was a Paper one or they would risk an Error of Law if an adverse Decision was made without them doing so.

Gordon