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PIP Award Review after successful Appeal
- IanR
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5 years 3 months ago #243468 by IanR
PIP Award Review after successful Appeal was created by IanR
Under DLA, a friend with MS had the higher rate of the Mobility component - but nothing for the Daily Living component. After his DLA to PIP assessment his award was downgraded to standard for the Mobility component.
After a successful Tribunal Appeal, his higher rate of Mobility component was re-instated and he was also awarded 8 points for the Daily Living component. However, the award is until 2022, only.
My question is this - when the time comes for the PIP Award Review, will the DWP take into account the Tribunal's decision or will they revert to their own original decision? What will be the starting point for their deliberations? And I suppose I should also ask - how should my friend prepare for the review?
Many thanks
Ian
After a successful Tribunal Appeal, his higher rate of Mobility component was re-instated and he was also awarded 8 points for the Daily Living component. However, the award is until 2022, only.
My question is this - when the time comes for the PIP Award Review, will the DWP take into account the Tribunal's decision or will they revert to their own original decision? What will be the starting point for their deliberations? And I suppose I should also ask - how should my friend prepare for the review?
Many thanks
Ian
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- BIS
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5 years 3 months ago #243478 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Award Review after successful Appeal
Hi IanR
Your friend can expect to be reviewed about 6 months before the actual end date of the award. They should include with their review a copy of the tribunal decision as a reminder.
I can't say how they will view it, because the DWP want to know how you are on the date of the review. The old decision is not their starting point.
BIS
Your friend can expect to be reviewed about 6 months before the actual end date of the award. They should include with their review a copy of the tribunal decision as a reminder.
I can't say how they will view it, because the DWP want to know how you are on the date of the review. The old decision is not their starting point.
BIS
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- IanR
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5 years 3 months ago #243524 by IanR
Replied by IanR on topic PIP Award Review after successful Appeal
Hello BIS - thanks for your reply.
Since MS is normally regarded as a degenerative condition, I would think that (1) at best, my friend might able to say that, in the relatively short time since the original decision, there has been no change and (2) at worst there has been some deterioration.
What is your opinion - if No1, will the DWP accept the Tribunal's opinion of his condition, which remains the same, or will/can they revert to their own opinion of his original condition? I hope I have been able to make my concerns clear.
Thank You
Ian
Since MS is normally regarded as a degenerative condition, I would think that (1) at best, my friend might able to say that, in the relatively short time since the original decision, there has been no change and (2) at worst there has been some deterioration.
What is your opinion - if No1, will the DWP accept the Tribunal's opinion of his condition, which remains the same, or will/can they revert to their own opinion of his original condition? I hope I have been able to make my concerns clear.
Thank You
Ian
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- BIS
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5 years 3 months ago #243529 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Award Review after successful Appeal
Hi IanR
No one can tell you the exact workings of the DWP or much of the thinking behind particular decisions.
When it comes to the review, they will look at what your friend says about their current condition - no change or some deterioration along with any new medical evidence supplied. Whether they will give your friend the same reward or an improved award - I cannot say. The DWP should be looking at previous paperwork - but just because your friend won the appeal - it doesn't mean the DWP will automatically award it at the same rate at the review. None of these things are a given.
BIS
No one can tell you the exact workings of the DWP or much of the thinking behind particular decisions.
When it comes to the review, they will look at what your friend says about their current condition - no change or some deterioration along with any new medical evidence supplied. Whether they will give your friend the same reward or an improved award - I cannot say. The DWP should be looking at previous paperwork - but just because your friend won the appeal - it doesn't mean the DWP will automatically award it at the same rate at the review. None of these things are a given.
BIS
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- Gary
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5 years 3 months ago #243539 by Gary
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Replied by Gary on topic PIP Award Review after successful Appeal
Hi IanR
I would send a copy of the Tribunal decision notice when you send in supporting evidence with a renewal claim, but as BIS has stated 'No one can tell you the exact workings of the DWP or much of the thinking behind particular decisions'
Gary
I would send a copy of the Tribunal decision notice when you send in supporting evidence with a renewal claim, but as BIS has stated 'No one can tell you the exact workings of the DWP or much of the thinking behind particular decisions'
Gary
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