DLA to PIP Appeal queries

I have received my MR result which changed nothing - I was only challenging the mobility component, for which I received standard rate. The 'decision' simply repeated some of the first decision maker's input - so now I have two 'cut and paste' type decisions which don't address my particular problems or any of the points I raised in the MR appeal. They have just ignored everything (including the missing GP form which the first decision maker had somehow read!!).

I am trying to decide about going to Tribunal appeal or not. Three concerns are:

1) the likelihood of being downgraded from current position on both parts (both standard). In another post BIS said "At tribunal if there was a risk to you losing your standard award, then the Chairman of the Tribunal has a duty to inform you and you will be given the opportunity to withdraw your appeal."

Does this apply to everyone going to appeal? How does it work? If they don't inform you, is the current award safe, so one can safely start the process?

2) My main reason for dithering is that I am hopeless at 'interview' type situations even without illness and suspect I wouldn't help my cause and that I'd just either go to pieces or be so exhausted that I would just sit there like a dummy or start garbling, forgetful of everything and too tired to care less (I have M.E. for starters). I tried desperately to hold it together at the face-to-face and managed it well - so well that the assessor concluded there was little wrong and that I wasn't even anxious. This makes everything a nightmare. If I decided to go ahead and started, if possible, with a paper review, should I mention that this is why I was choosing a paper one - because I can explain on paper so much better than face to face?

3) There is a lot on the site about applying for the mobility component for mental health issues etc. I am too ill physically to go out very far alone and I only do that occasionally. I also have serious problems with being too frightened to be left alone much when out because of the physical illness and all the exhaustion and mental confusion which comes with the M.E.. So I have both problems with the result that I am only able to go anywhere outside our very quiet, small village with my husband taking me. It appears, however, that the two components ie physical and mental, aren't looked at together so one may be assessed as a whole person, rather than as two competing sections. I'm sure it helps greatly in reducing successful outcomes, but I've no idea what else I can add in another appeal which would help.

Any suggestions would be appreciated!

Thank,s Gordon, for the fast reply. I'm just working through the guides again at present - not having been to tribunal before, it's new territory. As far as 1) is concerned, if the Panel does give a warning of possible reduction of award, can the DWP use that to change their own decision? Or if one withdraws the appeal at that point, is it tied to its MR decision?

This is probably the factor that will swing my decision, so I'm obviously very concerned that I get my facts right on this one. Do you have any idea how often such a warning gets issued?

Many thanks, Gordon, for this information. I'm just reading and wonder if you can tell me whether the following from CPIP/2748/2017 would be particularly worth quoting, because I was on DLA high mobility rate for 25 years or so. My concern on this would be whether the different descriptors for the two could be a booby-trap, but since I mentioned my DLA award anyway in the MR appeal, I suppose any potential damage in that regard is already done.

AW v SSWP (PIP)
[2018] UKUT 76 (AAC)
CPIP/2748/2017
5
12. This aspect of the appeal was addressed in some detail by the Secretary of State in further submissions on the appeal to the Upper Tribunal dated 2 February 2018. In those submissions the Secretary of State referred to the AP and GD decisions (set out above), stated that “all the evidence that is ordinarily needed in order to determine a person’s eligibility for PIP” is produced by the PIP assessment procedures, but continued that “[n]onetheless the Secretary of State does give claimants the option, if they want, to rely on the older DLA evidence in support of their PIP claim”. (assets.publishing.service.gov.uk)