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Tribunal question
- PAUL
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6 years 1 month ago #228649 by PAUL
Tribunal question was created by PAUL
Greetings ladies and gentlemen,
I've been agoraphobic for 29 years and unable to travel more than 500 ft from my house. After my assessment I received 0 points on both PIP components. I asked for a mandatory reconsideration notice and received the same score. I managed to find a local MIND advocate that after analysing my situation believes that I can qualify for the enhanced Mobility component. I am not contending the DWP's decision of the Daily Living component and have said as much. My advocate requested that I ask for a second mandatory reconsideration notice and instigate tribunal procedure. Recently the DWP contacted me by phone and offered standard mobility or to proceed with the tribunal. Because I think I have a chance at Enhanced I rejected their offer and we agreed to a tribunal deliberation.
My question is thus: Will the fact that I rejected the DWP offer impact the judge's view against me?
My question is thus:
I've been agoraphobic for 29 years and unable to travel more than 500 ft from my house. After my assessment I received 0 points on both PIP components. I asked for a mandatory reconsideration notice and received the same score. I managed to find a local MIND advocate that after analysing my situation believes that I can qualify for the enhanced Mobility component. I am not contending the DWP's decision of the Daily Living component and have said as much. My advocate requested that I ask for a second mandatory reconsideration notice and instigate tribunal procedure. Recently the DWP contacted me by phone and offered standard mobility or to proceed with the tribunal. Because I think I have a chance at Enhanced I rejected their offer and we agreed to a tribunal deliberation.
My question is thus: Will the fact that I rejected the DWP offer impact the judge's view against me?
My question is thus:
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6 years 1 month ago #228658 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal question
Paul
No, it won't count against you.
You should speak to your advisor, you do have the option of accepting the DWP offer and then requesting a new appeal but you do need to be aware that the DWP's offer is based on your being unable to undertake a journey on the majority of days, to score higher you must be able to undertake a journey but then be unable to follow a route.
So to argue for a higher award you must undermine the very reasons on which the DWP have made their offer, so you could end up as you are now with no award if you are unable to show that you meet the criteria for the higher award.
Gordon
No, it won't count against you.
You should speak to your advisor, you do have the option of accepting the DWP offer and then requesting a new appeal but you do need to be aware that the DWP's offer is based on your being unable to undertake a journey on the majority of days, to score higher you must be able to undertake a journey but then be unable to follow a route.
So to argue for a higher award you must undermine the very reasons on which the DWP have made their offer, so you could end up as you are now with no award if you are unable to show that you meet the criteria for the higher award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #228664 by PAUL
Replied by PAUL on topic Tribunal question
Thankyou for your reply Gordon.
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