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Tribunal Ward 4 years PIP
- chafur47
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7 years 11 months ago #189307 by chafur47
Tribunal Ward 4 years PIP was created by chafur47
I was awarded enhanced for both at the Tribunal for PIIP for four years,
and I am aged 61 years old.
But what steps should I undertake to challenge the four years (helath conditions
are irreversible and degenerative) and request for indefinite to ensure that I retain
PIP when I reach 64 years old? Should I ask to set it aside, and request the tribunal consider
extending the award to indefinite?
Thank you
and I am aged 61 years old.
But what steps should I undertake to challenge the four years (helath conditions
are irreversible and degenerative) and request for indefinite to ensure that I retain
PIP when I reach 64 years old? Should I ask to set it aside, and request the tribunal consider
extending the award to indefinite?
Thank you
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- Gordon
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7 years 11 months ago #189330 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Ward 4 years PIP
Chafur
I very much doubt you will be able to do this.
For a Set Aside you will need to show.
• a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a partyʼs representative;
• a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
• a party, or a partyʼs representative, was not present at a hearing related to the proceedings; or
• there has been some other procedural irregularity in the proceedings.
You can apply to the UTT, but you will need to show that there has been an Error of Law in the making of the Decision
Both options will result in a new Tribunal making a new Decision on your claim, this includes reducing or removing the award that you now have.
Finally, a number of members have attempted to challenge the length of the award, not one has been successful, where this was their only reason for the appeal.
Although you will be reassessed in three years time, providing you continue to meet the PIP criteria your claim will continue past the age of 65.
Gordon
I very much doubt you will be able to do this.
For a Set Aside you will need to show.
• a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a partyʼs representative;
• a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
• a party, or a partyʼs representative, was not present at a hearing related to the proceedings; or
• there has been some other procedural irregularity in the proceedings.
You can apply to the UTT, but you will need to show that there has been an Error of Law in the making of the Decision
Both options will result in a new Tribunal making a new Decision on your claim, this includes reducing or removing the award that you now have.
Finally, a number of members have attempted to challenge the length of the award, not one has been successful, where this was their only reason for the appeal.
Although you will be reassessed in three years time, providing you continue to meet the PIP criteria your claim will continue past the age of 65.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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