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pip trbunal success

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7 years 10 months ago #161621 by jay
pip trbunal success was created by jay
my pip was changed from standard to enhanced on both dla and mobility, so am very pleased i was given the result on the day and given a sheet of paper with the points scored on it, some had been reduced slightly and some had been incresed, can i get a more detailed explaination from the court like you do with a medical report from a assesment ? also its for 3 years if my conditions improve or decline do i need to report this,also can i apply for exempt road tax for my car and if so i have been paying for my road tax while ive been on std mobility for the last year is it to late to get a refund, many thanks in advance for your help
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7 years 10 months ago - 7 years 10 months ago #161636 by slugsta
Replied by slugsta on topic pip trbunal success
Hi Jay,

Congratulations! Thanks for letting us know :)

Yes, you can now apply for free road tax, I believe you have to send the V5 document and proof of PIP award to DVLA. You probably don't want to hear this now - you would have been entitled to a 50% reduction when you were on standard rate mobility! I'm afraid I don't know whether DVLA will give a refund.

The Statement of Reasons for tribunals is the first step to trying to appeal to the Upper Tier tribunal. If you request one, DWP would get one too. As we don't want to give them any ideas, it is better to let sleeping dogs lie at this stage!

Claimants are always supposed to notify DWP of any change of circumstances. In practice, they are more interested in hearing about anything that would reduce your award! Certainly you must inform them if you get any lasting improvement in your limitations.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by slugsta.
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7 years 10 months ago #161702 by jay
Replied by jay on topic pip trbunal success
thanks for your reply
today by chance in the post today i received a letter from pip writing to tell me that they have applied to hmc and trbunal service for a statement of reasons for the decision made as we wish to consider applying for permission to appeal against that desision, am sorry we wont be paying you the benifit awarded by the first tier tribunal at the present time
:( this is a real worry for me now, please could you advise

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7 years 10 months ago #161719 by Gordon
Replied by Gordon on topic pip trbunal success

jay wrote: thanks for your reply
today by chance in the post today i received a letter from pip writing to tell me that they have applied to hmc and trbunal service for a statement of reasons for the decision made as we wish to consider applying for permission to appeal against that desision, am sorry we wont be paying you the benifit awarded by the first tier tribunal at the present time
:( this is a real worry for me now, please could you advise


Like you, the DWP have a further right of appeal to the Upper Tier Tribunal, they cannot appeal because they disagree with the Decision, only because there has been an Error of Law .

The first stage of the process is for the DWP to request a Statement of Reasons from the Judge of your hearing, this can take several months and while the process is going on the Tribunal result will not be actioned.

It is perfectly possible that when the SoR is received, you will get a copy as well, that no Error can be found in which case the DWP should then implement the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 10 months ago #161726 by jay
Replied by jay on topic pip trbunal success
do the dwp do this on most cases or is it becouse of the sum of money involved as it would be backdated some 17 months, also as my original assesment decision has been set aside does this mean i will not receive any pip till the recent appeall is sorted, ,many thanks, jay

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7 years 10 months ago #161729 by slugsta
Replied by slugsta on topic pip trbunal success
The DWP don't do this routinely - but they will request a statement of reasons if they think there might be something they can use.

The tribunal decision will not be actioned yet, that means you will be paid the rate for the original DWP decision (or not, if you were refused PIP)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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