- Posts: 104
× Members
PIP Appeal – Award Length
- Agis
- Topic Author
- Offline
Less More
2 days 3 hours ago #315380 by Agis
PIP Appeal – Award Length was created by Agis
I have autism and ADHD, and I am transgender. I currently have a 5-year PIP award. I requested a Mandatory Reconsideration, but the decision was not changed and the length of my award was not increased.
I am now considering appealing to the tribunal, mainly because of the length of the award.
My medical evidence describes my conditions and functional difficulties as long-term, and some of them are lifelong. My evidence also specifically states that my conditions are unlikely to improve. Because of this, I am questioning why I was given a fixed 5-year award rather than a longer or ongoing award.
I am also unsure whether my evidence supports any additional PIP points. I would therefore appreciate an opinion on whether, based on my current points, conditions and evidence, there are any specific PIP descriptors that I could realistically challenge.
There is also an issue with additional evidence. I had a further supporting medical letter that I wanted to submit during the Mandatory Reconsideration, but I was told that I could not submit additional evidence at that stage. This meant that the MR decision was made without that letter being considered. I would like to know whether I should now submit this letter to the tribunal and whether it could strengthen my appeal.
My main questions are:
- Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points?
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award?
- What evidence is most important when arguing for a longer or ongoing PIP award?
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration?
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award?
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this?
I only have a couple of days left to submit an appeal, so I need to make a decision quickly.
PIP reviews are also extremely stressful for me because of my disabilities. Given that my evidence specifically states that my conditions are unlikely to improve, I would particularly appreciate an opinion on whether challenging the 5-year award length is realistic and what evidence would make that part of my appeal strongest.
I am now considering appealing to the tribunal, mainly because of the length of the award.
My medical evidence describes my conditions and functional difficulties as long-term, and some of them are lifelong. My evidence also specifically states that my conditions are unlikely to improve. Because of this, I am questioning why I was given a fixed 5-year award rather than a longer or ongoing award.
I am also unsure whether my evidence supports any additional PIP points. I would therefore appreciate an opinion on whether, based on my current points, conditions and evidence, there are any specific PIP descriptors that I could realistically challenge.
There is also an issue with additional evidence. I had a further supporting medical letter that I wanted to submit during the Mandatory Reconsideration, but I was told that I could not submit additional evidence at that stage. This meant that the MR decision was made without that letter being considered. I would like to know whether I should now submit this letter to the tribunal and whether it could strengthen my appeal.
My main questions are:
- Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points?
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award?
- What evidence is most important when arguing for a longer or ongoing PIP award?
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration?
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award?
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this?
I only have a couple of days left to submit an appeal, so I need to make a decision quickly.
PIP reviews are also extremely stressful for me because of my disabilities. Given that my evidence specifically states that my conditions are unlikely to improve, I would particularly appreciate an opinion on whether challenging the 5-year award length is realistic and what evidence would make that part of my appeal strongest.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 10507
11 hours 26 minutes ago #315398 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal – Award Length
Hi Agis
- "Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?" The Tribunal panel will certainly consider it and they have the right to lengthen your award. It will depend on their opinion of your evidence.
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points? Impossible for me to answer in that I don't know what you were awarded in the first place or on what basis they made their decisions for each question.
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award? If the Tribunal thought you should be awarded less than you already have - they will tell you so and then give you the opportunity to withdraw your appeal - in which case your award would stand as it does today.
- What evidence is most important when arguing for a longer or ongoing PIP award? I can't tell you which evidence is most important. You say that you have evidence that points to lifelong conditions and evidence that says some conditions will never show improvement. So you point the Tribunal to any and all evidence you have to make your point.
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration? Yes, you should submit any additional evidence that is relevant, including the medical letter.
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award? Proof of some kind is important, although there are instances where people don't appear to have any written proof but their awards are extended because the Tribunal have the knowledge of the claimant's particular conditions and understand that they are lifelong.
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this? There are no conditions where claimants automatically receive longer or ongoing awards because of their condition, except for those who have been diagnosed with terminal cancer and have less than six months to live. Everyone is looked at as an individual which is why it is quite possible for two people who have been diagnosed with the same condition receive quite different PIP awards because their circumstances, severity of the condition and the impact on their daily life and/or mobility will vary.
Hope this helps
BIS
- "Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?" The Tribunal panel will certainly consider it and they have the right to lengthen your award. It will depend on their opinion of your evidence.
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points? Impossible for me to answer in that I don't know what you were awarded in the first place or on what basis they made their decisions for each question.
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award? If the Tribunal thought you should be awarded less than you already have - they will tell you so and then give you the opportunity to withdraw your appeal - in which case your award would stand as it does today.
- What evidence is most important when arguing for a longer or ongoing PIP award? I can't tell you which evidence is most important. You say that you have evidence that points to lifelong conditions and evidence that says some conditions will never show improvement. So you point the Tribunal to any and all evidence you have to make your point.
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration? Yes, you should submit any additional evidence that is relevant, including the medical letter.
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award? Proof of some kind is important, although there are instances where people don't appear to have any written proof but their awards are extended because the Tribunal have the knowledge of the claimant's particular conditions and understand that they are lifelong.
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this? There are no conditions where claimants automatically receive longer or ongoing awards because of their condition, except for those who have been diagnosed with terminal cancer and have less than six months to live. Everyone is looked at as an individual which is why it is quite possible for two people who have been diagnosed with the same condition receive quite different PIP awards because their circumstances, severity of the condition and the impact on their daily life and/or mobility will vary.
Hope this helps
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator