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PIP Mobility awarded 10 points under 1e by tribunal
- BirtyB
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2 years 2 months ago #267756 by BirtyB
PIP Mobility awarded 10 points under 1e by tribunal was created by BirtyB
Firstly, thanks to your wonderful guides my wife was awarded enhanced Daily Living and Mobility at renewal. This took from March 2021 to January 2022, but that is another story.
In the original PIP claim in January 2016 my wife was awarded 4 points under Mobility 1b. A mandatory reconsideration made no difference the the Mobility award. The case went to appeal which was heard in January 2017 when 10 points under Mobility 1e was awarded. This was after the MH upper tribunal decision. As the award was made by a tribunal DWP will not be looking at back paying the award from 2016. Do we have a right to appeal the decision made by the appeal on a point of law. Also are there any time constraints. On a separate point the LA have refused my wife's application for a Blue Badge stating that she has not scored any points under the Moving Around section. The information on gov.uk contradicts this, but strangely does state that a Blue Badge can be awarded if 10 points are awarded. This would be for 1e. Should this not have been updated following MH. Many thanks in advance and thank you again
In the original PIP claim in January 2016 my wife was awarded 4 points under Mobility 1b. A mandatory reconsideration made no difference the the Mobility award. The case went to appeal which was heard in January 2017 when 10 points under Mobility 1e was awarded. This was after the MH upper tribunal decision. As the award was made by a tribunal DWP will not be looking at back paying the award from 2016. Do we have a right to appeal the decision made by the appeal on a point of law. Also are there any time constraints. On a separate point the LA have refused my wife's application for a Blue Badge stating that she has not scored any points under the Moving Around section. The information on gov.uk contradicts this, but strangely does state that a Blue Badge can be awarded if 10 points are awarded. This would be for 1e. Should this not have been updated following MH. Many thanks in advance and thank you again
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2 years 1 month ago #267771 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Mobility awarded 10 points under 1e by tribunal
Hi BrianB
May I first say congratulations on your tenacity in getting your wife's award.
In regards to right to appeal the decision made by the appeal on a point of law, you would need to seek legal advice, my understanding is, if a Tribunal makes a decision then DWP will not look at that decision, This has come up with many claimants under LEAP review.
In regards to your Blue Badge, you will need to look on your local authority website as each local authority will use different rules, you may want to involve your local Welfare Rights Organisation to help resolve any issues, I am aware of a number of local authorities not accepting applicants who have not scored under moving around.
Gary
Tags: @RESULT @PIP @ RENEWAL
May I first say congratulations on your tenacity in getting your wife's award.
In regards to right to appeal the decision made by the appeal on a point of law, you would need to seek legal advice, my understanding is, if a Tribunal makes a decision then DWP will not look at that decision, This has come up with many claimants under LEAP review.
In regards to your Blue Badge, you will need to look on your local authority website as each local authority will use different rules, you may want to involve your local Welfare Rights Organisation to help resolve any issues, I am aware of a number of local authorities not accepting applicants who have not scored under moving around.
Gary
Tags: @RESULT @PIP @ RENEWAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 years 1 month ago #267777 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mobility awarded 10 points under 1e by tribunal
Brian
If the appeal was heard in 2017 then you are out of time to appeal the Tribunal's Decision.
Gordon
If the appeal was heard in 2017 then you are out of time to appeal the Tribunal's Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: scoutman, BirtyB, Gary
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