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PIP Appeal -Judges power on period of award
- Royalty
- Topic Author
I am appealing my PIP as I believe I was not given adequate points.
1.Does the judge have authority to increase the years For my PIP review voluntarily without me challenging this issue on my appeal application?
2. Also is this something I can raise on the day of my Appeal if I have not raised this in my application?
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- bro58
Royalty wrote: My PIP claim will be reviewed in 3 years time, my condition is progressive and I believe I will need disability support for more than 3 years.
I am appealing my PIP as I believe I was not given adequate points.
1.Does the judge have authority to increase the years For my PIP review voluntarily without me challenging this issue on my appeal application?
2. Also is this something I can raise on the day of my Appeal if I have not raised this in my application?
Hi R,
I was just reviewing your previous posts : Here.
As the length of a PIP Award legally forms part of The PIP Award, yes you can challenge the length of the award as well.
1. They may do, but is it not likely unless you bring their attention to it.
2. Ideally, if you wish to challenge the length of the award you should do so at least 7-10 days before the hearing, although you could give the Clerk a single A4 page on the day laying out your challenge and why you wish to challenge it.
Even if The Tribunal Panel did increase the length of the award, and remember nearly all current fixed term PIP awards are being reviewed 12 months before the end date of the fixed term award, this does not mean that The DWP could not review your PIP award whenever they saw fit.
An existing PIP Award can be reviewed at any time, for any reason,
As confirmed in The PIP Regulations 2013. (Regulation 11.)
"Re-determination of ability to carry out activities
11. Where it has been determined that C has limited ability or severely limited ability to carry out either or both daily living activities or mobility activities, the Secretary of State may, for any reason and at any time, determine afresh in accordance with regulation 4 whether C continues to have such limited ability or severely limited ability."
From : www.legislation.gov.uk/uksi/2013/377/regulation/11/made
[C = Claimant]
bro58
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- Royalty
- Topic Author
Error before my appeal date. I just discovered that I misinterpreted some of my point scoring Which means I now believe I am entitled to more scores in an activity I overlooked. Is it acceptable to present updated grounds of appeal to the Clerk on the day of the appeal ?
Mod Bro - I know in your previous response you suggested it is possible to the other query I had. So can you please confirm whether it applies to this new query ?...panicking
Thanks
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- Royalty
- Topic Author
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- bro58
Royalty wrote: This will sound silly. However, I m glad I've seen this
Error before my appeal date. I just discovered that I misinterpreted some of my point scoring Which means I now believe I am entitled to more scores in an activity I overlooked. Is it acceptable to present updated grounds of appeal to the Clerk on the day of the appeal ?
Mod Bro - I know in your previous response you suggested it is possible to the other query I had. So can you please confirm whether it applies to this new query ?...panicking
Thanks
Hi R,
You can send any fresh evidence to The Tribunal up until 7-10 days before the hearing date.
If you want to present further fresh evidence on the day, you should try to limit it to 1-2 A4 pages !!
Make 5 photocopies of the 1-2 A4 pages, hand 4 copies to The Clerk when you arrive and keep the other yourself for reference.
bro58
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- bro58
Royalty wrote: Also, what if I never acknowledged the relevance of an activity in my in my initial application but I would now like to present it to DWP/Tribunal?
Hi R,
If this is something that you haven't raised before, you can still do so with a brief explanation of why you have failed to mention it previously !
bro58
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