tribunal confusion

Hi buffy54,
Without a doubt you can continue to appeal the daily living component.
My understanding per Reg 27 as per link below. As long as you have the same basic health conditions or is a known complication/worsening of the same condition as before, then you can appeal and crucially regain the enhanced level if you had this before reaching state pension age. I want to clarify the points situation to avoid any doubt. If your previous mobility issues scored 12 or more points and the health condition/s causing this still provide 12 points or more then it will not matter if you now have a new condition giving rise to more points. In reality this is only likely if you previously only achieved points under one of the two mobility descriptors.

This appears to be a supersession case. (When DWP reduce/remove an existing award.) If I understand correctly you reached state retirement age 6th July 2020. You state that the last decision was made in 2018. This would have been prior to pension age.
If this is a supersession then DWP have to show firstly that there are grounds to allow a supersession and second that there actually is a change of circumstances to substantiate this.
It is likely that there will be grounds to start the process this can be as simple as receiving new medical evidence which could just be receipt of a new assessment report. However whilst a supersession can be instigated, is there a change of circs to justify it?
You state long term health problems with enhanced rate. (I assume this is for both daily living and mobility?)
If my assumption is correct, then DWP would need to show a dramatic improvement in health to justify reducing benefit to zero. (Based on 2 points only for a bathing aid !)
DWP will need to prove that the change has taken place.
So has anything changed?
Things to consider?
1. New or worsening conditions - do you have x-rays, scans, reports? New referral to specialists etc Do you have reports etc? Send in more reports or alternatively refer back to previous ones to show your static) worsening health.

2. Increased meds either more of the same and/or new ones. Look up website such as bnf.nice.org.uk/ which will tell you of uses of medicine and maximum dosage. Clearly if you are now (or indeed previously) on max dose this indicates that you have a more serious health problem. Similarly, there are first line, second line drugs etc - if you have the second line it above this means that your condition can't be helped by basic drugs, so more potent ones are required. This indicates a serious health condition.
If your medication has increased or stayed the same this shows either continued health problem as previous level or worsening if increased meds are needed. If your doctor has recommended a higher dose or more potent medicine but due to side effects allergy etc you can't take this then mention this and why you can't take the recommended medication.
You can write in and explain your medication.
3. Friends/ carers can write in to explain the (increasing) care and help you heed - focus on help for Pip descriptor activities.
5. Maybe you have had more falls, or even just stumbles.
6. If you haven't already done so ( or do again and expand) explain about your health, in your own words, explain especially why you can't attend and the health consequences of this. Explain your anxiety, hand tremors, stumbles, increasing pain etc etc whatever it is that troubles you. Explain how (increasingly) slowly you do things, it if correct and if you avoid things due to pain, safety concerns etc. (This all relates to the reliability criteria of reg 4(2A).
Safety/Reasonable time/Acceptable standard (significant pain IS not reaching this standard) Repetition
And remember you only have to show difficulties with PIP activities on the majority of days. (Although certainly say if your health problems run constantly over all days )

I believe that you should write to the tribunal as per above and quoting reg 27. Explain why you fit within this -

www.legislation.gov.uk/uksi/2013/377/regulation/27

To recap
•Reg 27 gives a exception to the rule that over pension age mobility awards can't be increased ( and or awarded if not done prior to SPAge)
•you have the same health conditions even if worse as before SPAge or
• new health problem is a known deterioration/complication of the original condition
• you were in receipt of mobility award before SPAge

Then your previous award can be reinstated upon appeal, if the tribunal agree that
The supersession was incorrectly made
AND
Find that you were correctly awarded benefit previously and (if at enhanced rate) you continue to have the same or increased level of disability as before. Unlike for mobility , any new illness etc can give rise to relevant points for daily living awards, providing you can show that the disability has existed for at least 3 months and is likely to remain for a further 9 from the decision time.
I hope this helps.
LL26