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PIP Tribunal
- Teresa
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6 years 9 months ago #192309 by Teresa
PIP Tribunal was created by Teresa
Hi
After my partner has gone from DLA to PIP. Had a face to face, and have asked for to to be review again. The DWP hasn't changed their decision.
My partner has standard care component which hasn't changed from the DLA, but her mobility payment has changed from higher rate to standard. Moving around 10 points.
We are now in a difficult decision to take it further to tribunal.
We did notice we made a mistake on the how your disability affects you form.
Ticking the Between 20 and 50 metres box instead of the less than 20 metres box.
We got a letter from our doctors stating that she is severely disabled with osteoarthritis, 2 knee replacements (neuropathy in her feet). a broken foot 2 twice in 3 years, and bunion removal, and to top it off Tramidol (pain killer) 50mg x 4 times a day. She is in constant pain daily, moving around a house is difficult and outside is difficult. She falls over lots of times inside and outside the house.
We don't have any up to date paper work of hospital visits or physiotherapy, she is thinking of going back to her GP to get a referral to see her consultant again.
We don't know what more evidence the DPW needs.
Should i phone the DWP and ask what they need. We are also annoyed that we had to wait a week to get the decision. So we only have 3 weeks to get any other evidence to proceed.
Any advice would be much appreciated.
After my partner has gone from DLA to PIP. Had a face to face, and have asked for to to be review again. The DWP hasn't changed their decision.
My partner has standard care component which hasn't changed from the DLA, but her mobility payment has changed from higher rate to standard. Moving around 10 points.
We are now in a difficult decision to take it further to tribunal.
We did notice we made a mistake on the how your disability affects you form.
Ticking the Between 20 and 50 metres box instead of the less than 20 metres box.
We got a letter from our doctors stating that she is severely disabled with osteoarthritis, 2 knee replacements (neuropathy in her feet). a broken foot 2 twice in 3 years, and bunion removal, and to top it off Tramidol (pain killer) 50mg x 4 times a day. She is in constant pain daily, moving around a house is difficult and outside is difficult. She falls over lots of times inside and outside the house.
We don't have any up to date paper work of hospital visits or physiotherapy, she is thinking of going back to her GP to get a referral to see her consultant again.
We don't know what more evidence the DPW needs.
Should i phone the DWP and ask what they need. We are also annoyed that we had to wait a week to get the decision. So we only have 3 weeks to get any other evidence to proceed.
Any advice would be much appreciated.
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- Gordon
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6 years 9 months ago #192334 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal
Teresa
The first thing to be aware of is that the Mobility award she has received is based on the same criteria as the DLA award she previously had, PIP was engineered to be a harder benefit to award, so to receive a higher award you may need to show that her walking is worse now than it was when she was assessed for DLA.
Revision rates at MR are very low, the DWP's own figures are about 12%, but we don't even see this level on the forum. The rate at appeal is far higher (60%+) although you can't really apply these statistics to an individual claim.
If you are saying that you assessed her incorrectly on the original form then this may help, but it will also introduce additional problems in regard to how the mistake happened.
For an Enhanced award, assuming she does not score for the Going Out activity, she will need to show that she cannot "reliably" stand and then move (walk) more than 20m on the "majority of days". These terms are defined and explained in the PIP Claim guide.
If you want to request an appeal then the PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
The first thing to be aware of is that the Mobility award she has received is based on the same criteria as the DLA award she previously had, PIP was engineered to be a harder benefit to award, so to receive a higher award you may need to show that her walking is worse now than it was when she was assessed for DLA.
Revision rates at MR are very low, the DWP's own figures are about 12%, but we don't even see this level on the forum. The rate at appeal is far higher (60%+) although you can't really apply these statistics to an individual claim.
If you are saying that you assessed her incorrectly on the original form then this may help, but it will also introduce additional problems in regard to how the mistake happened.
For an Enhanced award, assuming she does not score for the Going Out activity, she will need to show that she cannot "reliably" stand and then move (walk) more than 20m on the "majority of days". These terms are defined and explained in the PIP Claim guide.
If you want to request an appeal then the PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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