PIP appeal

Hi can you give me some advice please.
After submitting my mandatory reconsideration I have been awarded 10 points mobility (from an original 4 points) so awarded standard rate benefit, and they have increased my daily living component points from 4 to 6 so still not awarded lower rate benefit.
I still dispute the Preparing food section where they have awarded me 2 points which I feel, and my doctor feels should be 4 points, and if this was increased I would have the 8 points needed to get the standard rate Daily Living Component.
If I go to appeal are they likely to reassess both components or just the Daily Living Component?

If you are awarded mobility pip but not daily living component and you appeal can you lose the mobility award?

Hi Susie,

You can state that you are happy with the mobility award and do not want it looked at again. However, the Tribunal can look at the whole claim and have the option to down-grade your award as well as up-grading it. We recommend that you have a good look at where you scored points on the mobility side before you go to appeal to ensure that the award is as certain as you can be. Keep in mind that the Appeal Tribunal are supposed to warn you if they are thinking of removing the award and give you the chance of withdrawing the appeal.

I have seen your duplicate post and will join it with this one it in order to keep all replies in one place for you. All posts on this site or pre-moderated before being made public. The moderators only guarantee to be available between 2-4pm and 8-10pm Monday-Friday. Even then, there will often be a delay before your post appears, depending on how busy we are

Thanks I score the 10 points for standing and walking 20 metres but no more than 50, so would hope that they wouldnt remove it especially as I had to fight to get it increased with help from my doctor from walking 50 metres and no more than 200 metres which only gave me 4 points.

Hi

We are in precisely the same position as Susie - except that we have already been to Appeal. This was adjourned because the judge said there was something in the papers to suggest that the whole of the existing mobility award was at risk if we proceeded with the daily living aspect. We're pretty sure the existing award is safe and the only reason for doubt seems to be that the DWP have inserted incorrect dates, implying that the disability had been in existence for only 4 months (when in reality it had been for 16 months).

We have written back to the Tribunal pointing out the correct situation and seeking assurance that we wouldn't have been warned in such specific terms that the existing award was at risk had they been aware of the correct situation. I guess it's unlikely we'll receive any such assurance in sufficient time. Assuming not, and on the day, the judge still maintains that the award is at risk, can we then, at that stage, simply withdraw the appeal? Hope you can help.

Arrods wrote: Hi

We are in precisely the same position as Susie - except that we have already been to Appeal. This was adjourned because the judge said there was something in the papers to suggest that the whole of the existing mobility award was at risk if we proceeded with the daily living aspect. We're pretty sure the existing award is safe and the only reason for doubt seems to be that the DWP have inserted incorrect dates, implying that the disability had been in existence for only 4 months (when in reality it had been for 16 months).

We have written back to the Tribunal pointing out the correct situation and seeking assurance that we wouldn't have been warned in such specific terms that the existing award was at risk had they been aware of the correct situation. I guess it's unlikely we'll receive any such assurance in sufficient time. Assuming not, and on the day, the judge still maintains that the award is at risk, can we then, at that stage, simply withdraw the appeal? Hope you can help.

Hi A,

I would also provide copy of the information regarding "the correct situation" to The Clerk on your arrival at the hearing.

If your current award is at risk, The Judge should issue a verbal warning, and you should be given the opportunity to withdraw your appeal there and then.

This is covered in The Benchbook which can be found around half way down this page :

DLA Guides

Under the title "61A WARNING" from Page 131 onwards.

Even though this edition of The Benchbook is from 2006, it is the most current in the public domain, and the information is still applicable.

bro58