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PIP Tribunal chances of reduced award

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7 years 1 month ago #180611 by AJ
Hi all

I'm new to this site so hope this post works out right!

I've had a PIP review. My previous award was enhanced in both components awarded after receiving 0 points throughout my first assessment in 2014. MR made no difference however in the summer of 2015, I was awarded enhanced by a tribunal panel.
At tribunal I was only questioned on the first two daily living questions and the two mobility questions and as the score was 12, they did not go through all the daily living questions.

After my recent review, I've lost my daily living. They have reduced the score for question 1 from 8 to 2 points, and second question from 4 to 2 point.

My GP has written a letter to say that my condition has remained unchanged since last submission and I have my tribunal decision, which is only 1 1/2 year old awardi g 12 point in the first two questions.
At tribunal I was questioned for 20 minutes at least on each question, whereas the assessment only gave me max 5 minutes per question.

-The HP from Capita refused to take the tribunal decision as part of my evidence and dwp makes no reference to that either.

My questions is whether this is right?
Personally I feel that when I (and also my GP) have stated that my situation remains unchanged that they chose to ignore my evidence from the panel and Gp Is wrong!?

Does a previous tribunal decision bear no weight at all as part of your evidence?

Hope this all makes sense.... :unsure:

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7 years 1 month ago #180681 by Gordon
Replied by Gordon on topic PIP Tribunal chances of reduced award
A

Welcome to the forum.

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Should they have considered your Tribunal Decision in making this new Decision, yes; have they? By the sound of it no!

The first two activities are Preparing Food and Eating an Drinking.

The Tribunal panel classed you as "Cannot prepare and cook food" and "Needs prompting to be able to take nutrition", certainly for the former the test is very high and I would only expect a few claimants to be able to meet this, obviously the panel felt that you did.

What form did you have to fill in an AR1 or a PIP2, the latter would be the form you completed when first asked to claim PIP?

Did you complete the form based on how you did it last time or with revisions from the Tribunal?

I'm afraid the only way forward is for to request a new Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: AJ

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6 years 11 months ago #185437 by AJ
Replied by AJ on topic PIP Tribunal chances of reduced award
Hi

I am considering taking my PIP decision to tribunal but I am unsure.... :blink:

I only have a few weeks to lodge my appeal request so I wondered, is it possible to request the tribunal but if I then get cold feet in a couple of month, can I withdraw my request, please?

Thanks

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6 years 11 months ago #185454 by slugsta
Replied by slugsta on topic PIP Tribunal chances of reduced award
Hi AJ,

Yes, you can pull out right up until the last day if you do decide to appeal.

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

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6 years 11 months ago #185490 by AJ
Replied by AJ on topic PIP Tribunal chances of reduced award
Perfect, I might as well register me appeal and give myself more time to think! :)

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6 years 11 months ago #185494 by Gordon
Replied by Gordon on topic PIP Tribunal chances of reduced award

AJ wrote: Perfect, I might as well register me appeal and give myself more time to think! :)


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.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: slugsta, AJ

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