× Members

PiP

More
4 years 3 weeks ago #245266 by jama
PiP was created by jama
Hello sir
I like to request early review pip on change of circumctances as more physical problems happening.if I do this then can i apply to upper tribunal if there is error of law after seeing statement of reasons?

Please Log in or Create an account to join the conversation.

More
4 years 3 weeks ago #245268 by BIS
Replied by BIS on topic PiP
Hi Jama

I don't understand what you're asking.

If you request an early review due to a change of circumstances, you will be asked to fill in a form and are likely to have a face to face assessment. After that a decision will be made, if you are not happy with that decision, then you would apply for a mandatory reconsideration.

If you were not happy with the mandatory reconsideration you would then put in for an appeal.

After an appeal is heard you can apply for a statement of reasons to see how the tribunal panel came to their decision. If you were not happy with the appeal decision you could apply to the Upper Tribunal, but you would need to show that the Tribunal Panel at the first tier had erred in coming to their decision. You would need to show there had been an error in law.

BIS

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

Please Log in or Create an account to join the conversation.

More
4 years 3 weeks ago #245307 by jama
Replied by jama on topic PiP
My ongoing award was not increased by first tier tribunal so my question was can I appeal to upper tribunal if I find any error and at the same time request the ongoing award to be review early.

Please Log in or Create an account to join the conversation.

More
4 years 3 weeks ago #245309 by Gary
Replied by Gary on topic PiP
Hi jama

You can appeal to upper tribunal if you find any error in law made by the Tribunal, I do not know what you mean by 'request the ongoing award to be review early'. What usually happens is, if you are successful then the original decision will be set aside and a new hearing will be arrange in front of different members of a tribunal panel.

There are particular rules about challenging a decision and this is down to an error in the law.

What is an Error of Law?
www.benefitsandwork.co.uk/help-for-claim...ppeals-faq#Appeal100

The first part of the process is to request a Statement of Reasons

www.benefitsandwork.co.uk/help-for-claim...appeals-faq#Appeal90

It is only when you see the statement that you will have a clearer idea of why the decision was made and if an error of law has been made.

Gary

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

Please Log in or Create an account to join the conversation.

More
4 years 2 days ago #246343 by jama
Replied by jama on topic PiP
Hi Sir

My last question was not clear so could not get the clear answer. This time I will try to be clear.

(A) I am getting PIP standard Both but lately having problem with stomach so like to go for early review as change of circumstances.

(B) My appeal for enhanced award is refused and waiting for statement of reason to see if go to upper tribunal.

Question: If I go for (A) and wait for DWP decision (don't know how long) and mean while received statement of reason and see merit into it and appeal to upper tribunal,Now would they be two different things running at same time or I can not go for appeal if the same PIP award is under EARLY review?

Please Log in or Create an account to join the conversation.

More
4 years 2 days ago #246347 by Gary
Replied by Gary on topic PiP
Hi jama

Reporting a Change will result in a full reassessment of your claim, the Daily Living component as well as mobility, you will receive another PIP2 to complete and there will likely be a face to face assessment, although at this moment in time it would be probably be a paper or telephone assessment. The new Decision will supersede your existing award whatever the result might be.

If you do report the new condition then do it in writing and send it to the DWP office dealing with your claim, if you can afford it use a Tracked post so that you have proof of delivery, the date of the letter should set the date that any new award applies from.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jama

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.