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PIP Appeal - quick question please.

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7 years 7 months ago #168967 by Jas10
I have received the DWPs response to my appeal and I apologise if this seems like a stupid question, but I have searched all over and can't find an answer.

At the end of their statement they have written - I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of States decision

Am I right in thinking this is standard wording? Or can the tribunal read this, agree with what they have said and dismiss my appeal before hearing?

Again, I'm sorry if it sounds like a silly question, but it is really worrying me

Many thanks

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7 years 7 months ago #168973 by Gordon
Replied by Gordon on topic PIP Appeal - quick question please.

Jas10 wrote: I have received the DWPs response to my appeal and I apologise if this seems like a stupid question, but I have searched all over and can't find an answer.

At the end of their statement they have written - I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of States decision

Am I right in thinking this is standard wording? Or can the tribunal read this, agree with what they have said and dismiss my appeal before hearing?

Again, I'm sorry if it sounds like a silly question, but it is really worrying me

Many thanks


It's a standard paragraph. I honestly don't know why they include it, unless the request for appeal was flawed, which it can't be if it has got this far, then the TS are obliged to hold a hearing to decide the appeal request.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #173153 by Jas10
Replied by Jas10 on topic PIP Appeal - quick question please.
Hi everyone,

I have another cheeky question please, (sorry but my appeal early next week and I have so much info flying around my already squished noggin I just can't figure it out)

So, I'm going through the pile of papers from DWP again, and I am confused by the following:

Where there is a disadvantageous change of circumstances which should have been reported, the law states the effective date of award review will be from the date the change occurs. Therefore, the DM decided to supersede the award of PIP to Mrs X on xx/06/16, which was the date on which the change occurred. The DM also decided that Mrs X was entitled to PIP at the standard rate of DL comp only and not to either rate of Mob comp from that date

If the Tribunal decide to award benefit, the earliest date for any PIP award would be xx/06/16


I am confused as to what they mean, are they talking about change as in my reporting of a change in my condition? or change being the day the DM decided I wasn't entitled to the standard DL that I was already receiving after telling them I had gotten worse? Even reading my question back to myself doesn't make sense so I hope you lovely people can help.

In case it helps I will give you a quick timeline

Already in reciept of standard DL only.
Feb 16 - reported change in condition (worse)
Mar 16 - completed and returned 'HYDAY' form
May 16 - f2f
Jun 16 - decision saying not entitled, MR requested by phone, further evidence sent
Jul 16 - MR results in award of standard DL (same as before) - the extra points were basically the ones they'd taken off me

So my question is, if the tribunal increases my award, what would be the effective date? the date I informed them of the deterioration or the date of their decision?

I will also say that the HP has not applied the correct regulations to my assessment, so along with this and the many inconsistencies I am hoping the tribunal goes my way.

It is late, and I am shattered (but unable to sleep due to pain) but I hope this question makes sense.

As always, I appreciate anyones advice and input

Jas

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7 years 5 months ago #173158 by Gordon
Replied by Gordon on topic PIP Appeal - quick question please.
Jas

It's actually difficult to answer this, the Tribunal is re-making the Decision that you appealed and it usual for the date of the panel's Decision to be the same, however, as you reported a Change of Circumstances then it would have been normal practice for the DWP to have backdated the Decision to the date that you reported the change (if they had made an increased award), so this is something that you should raise with the panel at your hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #173166 by Jas10
Replied by Jas10 on topic PIP Appeal - quick question please.
Thank you Gordon

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7 years 5 months ago #173871 by Jas10
Replied by Jas10 on topic PIP Appeal - quick question please.
Would just like to thank Gordon, Mrs H and the B&W forum and guides.

I had my appeal on Monday, went in with standard DL and came out with enhanced DL and enhanced mobility.

There was a DWP rep there and he admitted fault on claim decision and applied standard mob straight away, at the end of the hearing he changed DL from standard to enhanced, appeal panel upgraded mobility to enhanced until 2019

The guides I read on this site were invaluable and I am so glad I decided to join membership. Thank you

And to anyone going to appeal, try not to stress too much, the appeal panel were lovely, sympathetic though impartial and even Mr DWP was a nice bloke. It's really not as bad as you'd think

Thanks again, I can now relax and concentrate on me

Good luck to all going through the process

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