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PIP TRIBUNAL RESULT.....STANDARD DAILY LIVING AWAR
- trip77
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2 years 11 months ago #258594 by trip77
PIP TRIBUNAL RESULT.....STANDARD DAILY LIVING AWAR was created by trip77
Hi everyone. I have had my court hearing conference call this morning fpr my PIP appeal and before I even started they informed me that I had been awarded the wrong amount of points for my daily living and gave me 8 from 6 so I am now entitled to the STANDARD DAILY LIVING COMPONENT but over the course of the tribunal they decided that I didn't have warrant enough points for the mobility component. I am chuffed with the outcome regardless of them denying the mobility award, and, it was a relief to get something as I had been on it for life before an error on their part cancelled my previous award.
Thanks to this site I was able to give better worded responses and able to claw something back. My award is being back dated to 1st July 2020 so looking forward to a decent payout as well.
Thanks to this site I was able to give better worded responses and able to claw something back. My award is being back dated to 1st July 2020 so looking forward to a decent payout as well.
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- LL26
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2 years 11 months ago #258597 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP TRIBUNAL RESULT.....STANDARD DAILY LIVING AWAR
Hi Tr1p77,
Well done on your tribunal success and thank you for letting us know.
If you feel that you should have been awarded the mobility component, there is an option to make a further appeal to the Upper Tribunal.
What I would suggest is to write to the tribunal at the address on their letters (this will be to HMCTS) and request a copy of the recotd of proceedings AND a copy of the written statement of reasons. This may take a while to arrive.The ROP is likely to be cd.
Once these arrive check them carefully, and look at the mobility descriptors in this guide. If you feel that the incorrect descriptor test has been used or perhaps the tribunal have made this decision not in accordance with the evidence. These sorts of things could amount to an 'error of law '. If you can find at least one error of law that would affect the decision, and potentially give you sufficient points to get a mobility award, then you can put in an appeal.
There is no downside to asking for the ROP and WSOR because there 8s no obligation to actually appeal. At the very least you should be able to understand why the tribunal didn't award mobility points. (If they fail to explain this and can not account for previous awards of mobility for other benefits such as DLA or ESA this can also be an error if law!)
You have nothing to lose by doing this and it may unlock the mobility component for you if you find that all important error of law!
Anyhow, well done on your tribunal success.
LL26
Well done on your tribunal success and thank you for letting us know.
If you feel that you should have been awarded the mobility component, there is an option to make a further appeal to the Upper Tribunal.
What I would suggest is to write to the tribunal at the address on their letters (this will be to HMCTS) and request a copy of the recotd of proceedings AND a copy of the written statement of reasons. This may take a while to arrive.The ROP is likely to be cd.
Once these arrive check them carefully, and look at the mobility descriptors in this guide. If you feel that the incorrect descriptor test has been used or perhaps the tribunal have made this decision not in accordance with the evidence. These sorts of things could amount to an 'error of law '. If you can find at least one error of law that would affect the decision, and potentially give you sufficient points to get a mobility award, then you can put in an appeal.
There is no downside to asking for the ROP and WSOR because there 8s no obligation to actually appeal. At the very least you should be able to understand why the tribunal didn't award mobility points. (If they fail to explain this and can not account for previous awards of mobility for other benefits such as DLA or ESA this can also be an error if law!)
You have nothing to lose by doing this and it may unlock the mobility component for you if you find that all important error of law!
Anyhow, well done on your tribunal success.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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