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PIP Tribunal Decision
- shimtoan
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7 years 4 months ago #182869 by shimtoan
PIP Tribunal Decision was created by shimtoan
hello again
last year I was assessed for PIP having been on DLA for 6 years. I was awarded the Standard Rate of Mobility Component, but a Tribunal changed this to the Enhanced Rate.
We (my partner and I) had the Tribunal hearing in June, and looked at the Decision Notice. We noticed I'd been awarded enough points for ERMC, which is what I was expecting, and thought no more of it until now.
My partner deals with paperwork and her mum died a few days before the Tribunal (we made them aware at the time) and has only now got round to filing the paperwork. We decided to read through the Statement of Reasons again, and she noticed that for the Washing & Bathing descriptor it says "we accepted the evidence that he needs prompting to wash or bathe and awarded 2 points".
However, on the Decision Notice it says that I was awarded "needs to use an aid or appliance to be able to wash or bathe". What we wanted to know is whether this counts as a "slip of the pen" and what to do next as although we feel they've put the wrong descriptor it is the same amount of points and I didn't receive enough points for the Daily Living Component anyway.
However, we were worried if we bring this to their attention whether it would trigger a review. My partner thinks we should get it corrected as I ticked "no" to whether I needed an aid or appliance to wash or bathe. Also, we weren't sure how we would explain the time lapse between the appeal and now before bringing it to their attention.
If we should get this corrected, do we get in touch with Tribunals first, and what's the likelihood it would trigger a review?
Sorry for the long post, we're just worried about any potential impact on the award. I've also got a potential ESA review coming up in the next few months which doesn't help.
We appreciate any advice or input
last year I was assessed for PIP having been on DLA for 6 years. I was awarded the Standard Rate of Mobility Component, but a Tribunal changed this to the Enhanced Rate.
We (my partner and I) had the Tribunal hearing in June, and looked at the Decision Notice. We noticed I'd been awarded enough points for ERMC, which is what I was expecting, and thought no more of it until now.
My partner deals with paperwork and her mum died a few days before the Tribunal (we made them aware at the time) and has only now got round to filing the paperwork. We decided to read through the Statement of Reasons again, and she noticed that for the Washing & Bathing descriptor it says "we accepted the evidence that he needs prompting to wash or bathe and awarded 2 points".
However, on the Decision Notice it says that I was awarded "needs to use an aid or appliance to be able to wash or bathe". What we wanted to know is whether this counts as a "slip of the pen" and what to do next as although we feel they've put the wrong descriptor it is the same amount of points and I didn't receive enough points for the Daily Living Component anyway.
However, we were worried if we bring this to their attention whether it would trigger a review. My partner thinks we should get it corrected as I ticked "no" to whether I needed an aid or appliance to wash or bathe. Also, we weren't sure how we would explain the time lapse between the appeal and now before bringing it to their attention.
If we should get this corrected, do we get in touch with Tribunals first, and what's the likelihood it would trigger a review?
Sorry for the long post, we're just worried about any potential impact on the award. I've also got a potential ESA review coming up in the next few months which doesn't help.
We appreciate any advice or input
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- Gordon
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7 years 4 months ago #182895 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal Decision
shimtoan
I'm not sure that there is a mechanism to correct this given the time that has elapsed, you can contact the Clerk of the Court at the venue and make an enquiry, I can't see any reason why it would result in a review of your claim, especially if you only contact the TS.
I would be surprised if you receive a PIP Review form rather than a PIP2 and if it the latter then it is effectively treated as a new claim so the possible Tribunal slip, should not be an issue.
Gordon
I'm not sure that there is a mechanism to correct this given the time that has elapsed, you can contact the Clerk of the Court at the venue and make an enquiry, I can't see any reason why it would result in a review of your claim, especially if you only contact the TS.
I would be surprised if you receive a PIP Review form rather than a PIP2 and if it the latter then it is effectively treated as a new claim so the possible Tribunal slip, should not be an issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- shimtoan
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7 years 4 months ago #182974 by shimtoan
Replied by shimtoan on topic PIP Tribunal Decision
thanks for the reply.
My partner rang Tribunals earlier and they said we could write and ask for it to be looked at again but they couldn't guarantee that it would even be looked at due to the time lapse.
Given what they said, I'm not sure it'd be worth doing if it's unlikely that anything will happen but my partner is worried about future implications when it comes to my Review in a couple of years time
My partner rang Tribunals earlier and they said we could write and ask for it to be looked at again but they couldn't guarantee that it would even be looked at due to the time lapse.
Given what they said, I'm not sure it'd be worth doing if it's unlikely that anything will happen but my partner is worried about future implications when it comes to my Review in a couple of years time
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