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PIP appeal adjourned
- ginnysanter
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5 years 11 months ago #211683 by ginnysanter
PIP appeal adjourned was created by ginnysanter
I am writing on behalf of a friend who I have been helping with the appeal process. After 13 months, she finally got her appeal date which was earlier this week. Almost as soon as we walked into the tribunal room, she was told the appeal was being adjourned because the judge was obliged to give her a warning that if she proceeded with the appeal there was an extremely good chance that her current basic level of personal care would be reduced and that she would end up with nothing for personal care. We were not given the opportunity to give any evidence because a warning had been issued.
She will receive a new date, should she decide to continue with the appeal, within six weeks so we need to make a rapid decision as to whether she should continue with the appeal or whether she should reapply as she would actually have more evidence if she were applying now but we believe that she should have received the higher rate from day 1. She will obviously lose the possibility of getting a back award which for 13 months is significant. I obviously don't want her to get into the situation of having to pay them back what she's received in basic personal care for the past 13 months.
I initially thought yes, we will just go for reapplying but now I think why should she lose out when she was only 1 point away from enhanced personal care. I can't imagine what they had in the papers that would have enabled them to justify removing four of the points that were previously awarded by the original decision maker and also not challenged at mandatory reconsideration.
If anyone else has faced this situation I would really appreciate some feedback.
She will receive a new date, should she decide to continue with the appeal, within six weeks so we need to make a rapid decision as to whether she should continue with the appeal or whether she should reapply as she would actually have more evidence if she were applying now but we believe that she should have received the higher rate from day 1. She will obviously lose the possibility of getting a back award which for 13 months is significant. I obviously don't want her to get into the situation of having to pay them back what she's received in basic personal care for the past 13 months.
I initially thought yes, we will just go for reapplying but now I think why should she lose out when she was only 1 point away from enhanced personal care. I can't imagine what they had in the papers that would have enabled them to justify removing four of the points that were previously awarded by the original decision maker and also not challenged at mandatory reconsideration.
If anyone else has faced this situation I would really appreciate some feedback.
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- Gordon
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5 years 11 months ago #211698 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal adjourned
ginnysanter
I am limited in the advise I can give, especially as the information is second hand.
Your friend needs to take the warning seriously. It doesn't mean that she does not qualify for her current award but the panel are saying that based on the evidence so far presented, they do not believe that she does. Her testimony on the day may change their minds.
Having made the warning the panel are not required to make any further warning is they continue with the appeal.
The appeal can only take into account their limitations as they were on the day of the Decision that has been appealed. So do they reasonably believe that they score the extra points needed for a higher award based on how they were?
So if there have been changes that would be more likely to support a higher award then they may be better off notifying the DWP of a Change of Circumstances, this will result in a new claim form and almost certainly a face to face assessment. The new Decision will supersede any existing award.
Although they are only one point away from an Enhanced award they may actually need to score two or more points to actually achieve this as there is only one way to actually score that one point.
Gordon
I am limited in the advise I can give, especially as the information is second hand.
Your friend needs to take the warning seriously. It doesn't mean that she does not qualify for her current award but the panel are saying that based on the evidence so far presented, they do not believe that she does. Her testimony on the day may change their minds.
Having made the warning the panel are not required to make any further warning is they continue with the appeal.
The appeal can only take into account their limitations as they were on the day of the Decision that has been appealed. So do they reasonably believe that they score the extra points needed for a higher award based on how they were?
So if there have been changes that would be more likely to support a higher award then they may be better off notifying the DWP of a Change of Circumstances, this will result in a new claim form and almost certainly a face to face assessment. The new Decision will supersede any existing award.
Although they are only one point away from an Enhanced award they may actually need to score two or more points to actually achieve this as there is only one way to actually score that one point.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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