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TOPIC: PIP decision overturned before tribunal

PIP decision overturned before tribunal 1 week 1 day ago #222593

Hi Gordon

I've been preparing to take my son's PIP case to tribunal as he went from high rate mobility to zero. I sent off my SSC1 form and grounds for appeal notes and was gathering further medical evidence inc SAR requests from GP and DWP. Today I got a letter from the DWP saying they had revised their decision and were now going to award enhanced mobility for 4 years. I also got a letter from the courts saying my appeal had now lapsed. Can't tell you how relieved I am, mostly because my son won't have to go through any more of this process.

I did want to check a couple of things if I could. In the new award they haven't changed any of the daily living descriptor points (he was awarded enhanced ) , nor have they offered any points for my son's physical difficulties getting around. This means the information is essentially inaccurate. Will this have any bearing on decisions if he were to apply for PIP in the future? Ie, if the form says he can do X but he can't and I don't challenge the accuracy of this.

As you can imagine this is a huge weight off my shoulders but I'm also still angry this is allowed to happen to people. I believe approx 71% of people have the DWP decision overturned at tribunal and presumably a fair number will have cases like mine where decisions are overturned before they even get to courts. I'm getting back in touch with my MP but also wanted to thank you and others who have offered advice and support here. It's so important to keep going and being one of the voices that will hopefully change this system one day.

Best wishes and thanks again
Ela.

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PIP decision overturned before tribunal 1 week 22 hours ago #222613

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Ela

Congratulations on getting the award revised, well done.

It's not going to have any real effect on a renewal, you will just have to make your arguments from scratch again.

Gordon

Tags: @RESULT @PIP @APPEAL
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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP decision overturned before tribunal 1 week 21 hours ago #222631

Thanks Gordon. I should maybe mention incase it's useful for others, that when I sent in my SSC1 form to tribunal, I also included a detailed Grounds for Appeal letter. It was similar to my MR but had additional points. I know it's only necessary to send in the ssc1 and I have no idea if the Grounds for Appeal letter made a difference, but I'm guessing the DWP get sent this to consider from the courts before going to tribunal. I had very little time to put it together but had prepared for the worst!
Thanks again
Ela
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PIP decision overturned before tribunal 5 days 8 minutes ago #222758

I might be being paranoid, but I suspect they're doing this to cut down on the number of cases they lose at Tribunal.

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PIP decision overturned before tribunal 3 days 18 hours ago #222815

I agree, I think with the current success rate for courts overturning DWP decisions at around 71% they will perhaps avoid going to court with stronger cases. It's terrible though that they put you through so much before they withdraw the appeal.

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PIP decision overturned before tribunal 3 days 1 hour ago #222849

I agree with you here. I think it's just a case of making their 'numbers' look at bit better.

I mean, what is the point of being humiliated in a case where a claimant is almost definitely going to win at tribunal?
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