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PIP query: Challenging award length
- MariW
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8 years 7 months ago #140816 by MariW
PIP query: Challenging award length was created by MariW
A couple of yesterday’s post led me to wonder whether the length or a PIP award can be challenged in the same way as the rate.
Obviously, such a challenge is not without risk to the original award but when a PIP claimant’s long-term condition will, at best, remain much the same but will probably deteriorate challenging a short award seems a reasonable action on the part of the claimant and carer. I am thinking primarily of claimants with Parkinson’s Disease, MS, Fahr’s Syndrome, Charcot–Marie–Tooth disease (CMT), et al, that are already severely disabled when the claim for PIP is made.
Does B & W offer any guide to this issue?
Thanks,
Mari
Obviously, such a challenge is not without risk to the original award but when a PIP claimant’s long-term condition will, at best, remain much the same but will probably deteriorate challenging a short award seems a reasonable action on the part of the claimant and carer. I am thinking primarily of claimants with Parkinson’s Disease, MS, Fahr’s Syndrome, Charcot–Marie–Tooth disease (CMT), et al, that are already severely disabled when the claim for PIP is made.
Does B & W offer any guide to this issue?
Thanks,
Mari
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8 years 7 months ago #140826 by Gordon
As we understand it, the length of the award forms part of the Decision and can therefore be challenged at appeal, however, the legislation allows the DWP to re-assess a claimant at any time and for any reason and we have already seen that most fixed term awards are being re-assessed a year early, so I think that claimants have to balance this against the risk to their current award against what may be in reality a pyrrhic victory.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP query: Challenging award length
MariW wrote: A couple of yesterday’s post led me to wonder whether the length or a PIP award can be challenged in the same way as the rate.
Obviously, such a challenge is not without risk to the original award but when a PIP claimant’s long-term condition will, at best, remain much the same but will probably deteriorate challenging a short award seems a reasonable action on the part of the claimant and carer. I am thinking primarily of claimants with Parkinson’s Disease, MS, Fahr’s Syndrome, Charcot–Marie–Tooth disease (CMT), et al, that are already severely disabled when the claim for PIP is made.
Does B & W offer any guide to this issue?
Thanks,
Mari
As we understand it, the length of the award forms part of the Decision and can therefore be challenged at appeal, however, the legislation allows the DWP to re-assess a claimant at any time and for any reason and we have already seen that most fixed term awards are being re-assessed a year early, so I think that claimants have to balance this against the risk to their current award against what may be in reality a pyrrhic victory.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), MariW
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8 years 7 months ago #140833 by MariW
Replied by MariW on topic PIP query: Challenging award length
Thanks, Gordon,
I take your point but thinking of conditions such Huntington’s disease or Fahr’s Syndrome, would it not be worth a claimant or his/her carer putting forward a case for an ongoing award? Do we have any information on the percentage of ongoing awards and the sort of limitations for which they are awarded?
Mari
I take your point but thinking of conditions such Huntington’s disease or Fahr’s Syndrome, would it not be worth a claimant or his/her carer putting forward a case for an ongoing award? Do we have any information on the percentage of ongoing awards and the sort of limitations for which they are awarded?
Mari
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8 years 7 months ago #140838 by Gordon
The latest statistical information from the DWP on the roll-out of PIP does not include any information on the length of awards.
It's an issue that individuals will need to consider, taking into account the award and it's length but also how easily the award was made; for example how many points were scored.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP query: Challenging award length
MariW wrote: Thanks, Gordon,
I take your point but thinking of conditions such Huntington’s disease or Fahr’s Syndrome, would it not be worth a claimant or his/her carer putting forward a case for an ongoing award? Do we have any information on the percentage of ongoing awards and the sort of limitations for which they are awarded?
Mari
The latest statistical information from the DWP on the roll-out of PIP does not include any information on the length of awards.
It's an issue that individuals will need to consider, taking into account the award and it's length but also how easily the award was made; for example how many points were scored.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), MariW
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8 years 7 months ago #140839 by MariW
Replied by MariW on topic PIP query: Challenging award length
Thanks again, Gordon 
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