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7 years 9 months ago #181077 by mosala
PIP Tribunal was created by mosala
I have been awarded Daily Living with 12 points, but no Mobility at all. I only want to contest Mobility but will Tribunal look at Daily Living element again?

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7 years 9 months ago #181082 by Gordon
Replied by Gordon on topic PIP Tribunal
mosala

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Have you requested a Mandatory Reconsideration? You cannot proceed to appeal until the DWP have carried out an MR.

The DWP will look at the whole claim and this can mean a reduction in your current award, it does not happen very often but it is a risk that you must consider.

If you can clarify where you are in the process we can provide more information to help you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 9 months ago #181086 by mosala
Replied by mosala on topic PIP Tribunal
Thanks Gordon. I have done the Mandatory Reconsideration. They have not changed their mind and I am still awarded just the Daily Living.

I feel strongly that I should get Mobility for OCD reasons.

I know, when you put in for the Man. Recon. that they look at the whole award, but I took the risk. Now, for the Tribunal, I don't know whether to spend time on the Daily Living element again or just concentrate on the Mobility. I am hoping they will just look at Mobility because it is all getting so complicated.

There is so much to argue about if I have to look at both and I am afraid the Tribunal won't want to read it all.

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7 years 9 months ago #181090 by Gordon
Replied by Gordon on topic PIP Tribunal
mosala

Tribunals operate differently, whilst they can look at the other component even if you have only asked them to review one, they must warn of this and in particular if they believe that the current award is in danger, they must give you the opportunity to withdraw your appeal.

To make an appeal you need to complete an SSCS1 form, there are links to this in the PIP Appeal guide and also instructions on how to complete it. You don't need to provide detailed reasons at this stage, save these for when you have received the DWP's submission, but do start work on your own submission now. So if you appeal just the Mobility component then you do not need to provide additional evidence and testimony in regard the Daily Living component.

You will only win an appeal by showing that you meet the criteria for the Mobility component, so I would recommend that you go through your PIP2. the assessment report and the PIP Claim guides to make sure that you meet that criteria. Pay particular attention to the use of "reliably" and "on the majority of the days" in your answers.

All of the guides are on the following link

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #181095 by mosala
Replied by mosala on topic PIP Tribunal
I have received the Mandatory Recon. Notice. Is that the same thing as DWP's submission?

I thought I had to do the Appeal to Tribunal now, which needs some detail?

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7 years 9 months ago #181098 by Gordon
Replied by Gordon on topic PIP Tribunal

mosala wrote: I have received the Mandatory Recon. Notice. Is that the same thing as DWP's submission?

I thought I had to do the Appeal to Tribunal now, which needs some detail?


You need the MR Notice in order to make the request for an appeal, it is not the DWP's submission.

Once the appeal is accepted the Tribunal Service will notify the DWP and they will create a submission to the TS of how they have made their Decision and why they think it is right. You will receive a copy of this (their submission), you need to wait for this before you send your own submission so that you can make sure that you have addressed all of the issues that they raise.

You only need to provide basic reasons for your appeal on the SSCS1.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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