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Questions regarding PIP reconsideration/appeal
- marshychao
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8 years 1 month ago - 8 years 1 month ago #152649 by marshychao
Questions regarding PIP reconsideration/appeal was created by marshychao
Backstory:
1. I help my father on ALL of his applications.
2. My father applied for ESA and PIP.
3. My father's PIP was given the Daily Living Component but not the Mobility Component.
4. My father was awarded 0 point and was denied ESA, because he was fit to work at the Work Capability Assessment.
5. My father appealed against this decision and was recently awarded 15 points for 1(a) Mobility under Schedule 2 & 3 of the ESA Regulation 2008 by the Tribunal.
I am glad that my father's ESA was finally given the correct decision by the Tribunal.
And we are now ready to appeal to the PIP's decision for not giving my father the Mobility Component.
Which brings me to this Forum, as I'm asking for some advice on how to approach this case.
I did not appeal within the 1 month period against the PIP when I first get the decision (Backstory 3). Because during that time I was troubled by the ESA appeal, and now that the ESA case has been settled, how should I approach the PIP for them to award my father with the Mobility Component as well as getting the arrears of the Mobility Component.
I hope you understand what I'm saying. In short, I want to know how to get the additional Mobility Component on top of the Daily Living Component, and how to get the arrears of it despite appealing outside the 1 months period.
Thank you in advance.
1. I help my father on ALL of his applications.
2. My father applied for ESA and PIP.
3. My father's PIP was given the Daily Living Component but not the Mobility Component.
4. My father was awarded 0 point and was denied ESA, because he was fit to work at the Work Capability Assessment.
5. My father appealed against this decision and was recently awarded 15 points for 1(a) Mobility under Schedule 2 & 3 of the ESA Regulation 2008 by the Tribunal.
I am glad that my father's ESA was finally given the correct decision by the Tribunal.
And we are now ready to appeal to the PIP's decision for not giving my father the Mobility Component.
Which brings me to this Forum, as I'm asking for some advice on how to approach this case.
I did not appeal within the 1 month period against the PIP when I first get the decision (Backstory 3). Because during that time I was troubled by the ESA appeal, and now that the ESA case has been settled, how should I approach the PIP for them to award my father with the Mobility Component as well as getting the arrears of the Mobility Component.
I hope you understand what I'm saying. In short, I want to know how to get the additional Mobility Component on top of the Daily Living Component, and how to get the arrears of it despite appealing outside the 1 months period.
Thank you in advance.
Last edit: 8 years 1 month ago by .
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- Gordon
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8 years 1 month ago - 8 years 1 month ago #152654 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Questions regarding PIP reconsideration/appeal
marshychao
You can actually challenge a Decision up to 13 months after the date it was made.
The first stage to doing this is to request a Mandatory Reconsideration, as you are outside of the normal one month to do this you will need to explain why the request is late. I have to warn you that if the DWP do not accept your reasons then you cannot take the matter further, it's rare for this to happen but it does!
Have a look at the PIP Appeal guide for more details of the process, the section includes template letters that you can use.
www.benefitsandwork.co.uk/help-for-claimants/pip
You don't say how contemporaneous the two assessments are, the closer the better. You can certainly use the ESA report to support an award of the PIP Mobility component, but be aware that ESA only looks at someone walking 50m which is a Standard award for PIP, if you are hoping for an Enhanced award then you will need to provide additional information.
You also need to be aware that requesting an MR for his PIP claim will likely result in the Daily Living component also being reviewed, even if you only ask for the Mobility to be looked at, so you need t be certain that this is not at risk before proceeding.
Gordon
You can actually challenge a Decision up to 13 months after the date it was made.
The first stage to doing this is to request a Mandatory Reconsideration, as you are outside of the normal one month to do this you will need to explain why the request is late. I have to warn you that if the DWP do not accept your reasons then you cannot take the matter further, it's rare for this to happen but it does!
Have a look at the PIP Appeal guide for more details of the process, the section includes template letters that you can use.
www.benefitsandwork.co.uk/help-for-claimants/pip
You don't say how contemporaneous the two assessments are, the closer the better. You can certainly use the ESA report to support an award of the PIP Mobility component, but be aware that ESA only looks at someone walking 50m which is a Standard award for PIP, if you are hoping for an Enhanced award then you will need to provide additional information.
You also need to be aware that requesting an MR for his PIP claim will likely result in the Daily Living component also being reviewed, even if you only ask for the Mobility to be looked at, so you need t be certain that this is not at risk before proceeding.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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