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PIP appeals
- DRAGON2009
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6 years 6 months ago #202155 by DRAGON2009
PIP appeals was created by DRAGON2009
If you appeal a PIP decision and only challenge one component that was refused (mobility) and not the daily care part is it most likely that a tribunal wouold only address itself to the only issue in dispute or might it be likely look at everything else ? Its a worry as I have a PIP appeal where only mobility remains unpaid and in dispute . I need 4 points on top of what I've been assessed and then I get the standard mobility for difficulty walking. My case in essence is yes I can walk 200 metres but not without severe discomfort, can walk much further with enough breaks and yet after walking may be unable to walk 200 metres for rest of day ( at all or only with severe discomfort )or the following day due to stiffness /soreness.
Obviously my case for mobility is on a tightrope but not fitile but I would hate to have a appeal hearing decide to review everything with a possibiolity however small of a downgrade in daily care or duration of award. I've opted for a paper appeal but am thinking of going for an oral hearing now as I think if they have the chance to ask questions the chance is much higher of success.
Obviously my case for mobility is on a tightrope but not fitile but I would hate to have a appeal hearing decide to review everything with a possibiolity however small of a downgrade in daily care or duration of award. I've opted for a paper appeal but am thinking of going for an oral hearing now as I think if they have the chance to ask questions the chance is much higher of success.
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6 years 6 months ago #202173 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeals
XFACTOR
The panel have a duty to ensure that the correct award is in place, or to be more accurate that the wrong award has not been made, so if they think there is something wrong with your Daily Living award then they will want to investigate this. However, this would be unusual and they would warn you at the start of the hearing so that you can withdraw your appeal. Otherwise they won't look at the DL component unless you ask them.
Gordon
The panel have a duty to ensure that the correct award is in place, or to be more accurate that the wrong award has not been made, so if they think there is something wrong with your Daily Living award then they will want to investigate this. However, this would be unusual and they would warn you at the start of the hearing so that you can withdraw your appeal. Otherwise they won't look at the DL component unless you ask them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #202189 by DRAGON2009
Replied by DRAGON2009 on topic PIP appeals
Gordan Many thanks. QA supplementary enquiry is as fo0llows
I understand that they only take into account flat ground ? Can they take into account pain caused of exacerbated by cambered pavements ?
I understand that they only take into account flat ground ? Can they take into account pain caused of exacerbated by cambered pavements ?
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6 years 6 months ago #202201 by Gordon
This is down to the DWP guidance as there is nothing defined in the Descriptors
"This activity should be judged in relation to a type of surface normally expected out of doors, such as pavements on the flat and includes the consideration of kerbs."
You can make the argument but I would not rely on the points, the only exception might be if the pavement immediately outside your home is cambered, but you are also increasing the risk of a further challenge by the DWP if this is seen as the prime reason for an award of Mobility,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeals
XFACTOR wrote: Gordan Many thanks. QA supplementary enquiry is as fo0llows
I understand that they only take into account flat ground ? Can they take into account pain caused of exacerbated by cambered pavements ?
This is down to the DWP guidance as there is nothing defined in the Descriptors
"This activity should be judged in relation to a type of surface normally expected out of doors, such as pavements on the flat and includes the consideration of kerbs."
You can make the argument but I would not rely on the points, the only exception might be if the pavement immediately outside your home is cambered, but you are also increasing the risk of a further challenge by the DWP if this is seen as the prime reason for an award of Mobility,
Gordon
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6 years 6 months ago #202204 by DRAGON2009
Replied by DRAGON2009 on topic PIP appeals
Hello Gordan
Many thanks again. I think I will argue it as it is just an aggravating factor for me but the discomfort is experienced on the flat
Thank you
Many thanks again. I think I will argue it as it is just an aggravating factor for me but the discomfort is experienced on the flat
Thank you
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