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PIP Tribunal Won

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1 year 7 months ago #275821 by Emma
PIP Tribunal Won was created by Emma
So after the DWP scored me 2 points for daily living the tribunal has awarded me 10 points on both daily living and mobility. The mobility score was for
11. Planning and following unfamiliar journey
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.

However, I believe i should have been awarded
f. Cannot follow the route of a familiar journey without another person, assistance dog or orientation aid.

Don't get me wrong, I am truly grateful for the tribunals decision after being turned down by the DWP for years but I can't even go to the local shops, doctors or anywhere I am familiar with without having someone with me.

What is the best way to tackle this decision? Am I being greedy?

I would just like to say a huge thank you to everyone at benefits and work, without you and the forum I wouldn't have got this far as I have never appealed before so thank you

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1 year 7 months ago #275829 by BIS
Replied by BIS on topic PIP Tribunal Won
Hi Emma

Firstly you want to ring the Tribunals Service and ask for the Statement of Reasons - and you will understand why they came to the decision. You can ask to challenge the decision, but it is up to the Tribunals Service to decide whether they will allow it to go forward to the Upper Tribunal.

BIS

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

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1 year 7 months ago #275834 by Gordon
Replied by Gordon on topic PIP Tribunal Won
Emma

Just to add to BIS's advice.

You cannot make further arguments about the merits of your claim to the UTT, you can only appeal on the basis that there was an Error of Law in the making of the Decision;

- The panel did not apply the applicable law correctly, for example; the Descriptors were interpreted incorrectly
- There was an error of fact, for example; the panel decided you could walk 200m but all of the available evidence said you were limited to less than 50m and there was no justification provided for this.
- There was an error in procedure, for example; the panel was not properly constituted.

Any Errors you contest must be capable of resulting in a higher award, for example; if you would only score two points if successful at the UTT and you need four for a higher award then the appeal will be unsuccessful.

Be aware, whilst the UTT can make a Decision on an award the most likely result by far would be your case being sent back to the First Tier for a new appeal in front of a new panel.

Gordon

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

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