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PIP Tribunal - Daily Care not awarded - SoR?
- Pete266
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6 years 2 months ago #210196 by Pete266
PIP Tribunal - Daily Care not awarded - SoR? was created by Pete266
Hi
Hoping you can advise. My daughter attended her PIP First Tier Tribunal today after DWP initially awarded her 0 points for both components. Her disability is Epilepsy which has never been controlled. It has taken a year for the hearing. In the DWP appeal bundle they stated they would offer her the enhanced mobility rate but had 'not contacted her as she had requested the higher rate daily living element'.
At the hearing, despite having her medical records, the panel seemed to agree with DWP. They gave her 12 mobility points and 7 for daily living - 4 for food, 1 for managing therapy and 2 for washing/bathing. She wouldn't be too bothered if she had been awarded standard but had received nothing.
We asked about a Statement of Reasons and were warned if we did this, we would have to write off for one and it ran the risk of DWP appealing and existing mobility element being rescinded. Is this correct, as if so she is worried about losing money she has already waited over a year for.
Any help would be appreciated.
Many thanks
Hoping you can advise. My daughter attended her PIP First Tier Tribunal today after DWP initially awarded her 0 points for both components. Her disability is Epilepsy which has never been controlled. It has taken a year for the hearing. In the DWP appeal bundle they stated they would offer her the enhanced mobility rate but had 'not contacted her as she had requested the higher rate daily living element'.
At the hearing, despite having her medical records, the panel seemed to agree with DWP. They gave her 12 mobility points and 7 for daily living - 4 for food, 1 for managing therapy and 2 for washing/bathing. She wouldn't be too bothered if she had been awarded standard but had received nothing.
We asked about a Statement of Reasons and were warned if we did this, we would have to write off for one and it ran the risk of DWP appealing and existing mobility element being rescinded. Is this correct, as if so she is worried about losing money she has already waited over a year for.
Any help would be appreciated.
Many thanks
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- Gordon
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6 years 2 months ago #210224 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal - Daily Care not awarded - SoR?
Pete
The SoR will be sent to both you and the DWP, so it does open the door for the DWP to appeal further, however, if they have already offered Enhanced Mobility then it would seem unlikely that they would but you need to make the decision.
A further appeal can only be made on the basis of an Error of Law in the making of the Tribunals Decision.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Gordon
The SoR will be sent to both you and the DWP, so it does open the door for the DWP to appeal further, however, if they have already offered Enhanced Mobility then it would seem unlikely that they would but you need to make the decision.
A further appeal can only be made on the basis of an Error of Law in the making of the Tribunals Decision.
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Pete266
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6 years 2 months ago #210244 by Pete266
Replied by Pete266 on topic PIP Tribunal - Daily Care not awarded - SoR?
Thanks for your quick response, Gordon. So if we were to appeal, do we do so based on today's Decision Notice and incorrect sum of daily care points, pointing out that it is perverse to award mobility when she requires care for tasks as outlined in the claim in order to leave the house or request a Statement of Reasons and base the appeal upon points stated in that?
Kind regards
Kind regards
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- Gordon
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6 years 2 months ago #210253 by Gordon
You cannot do anything until you have received the SoR.
Please understand this is not a further opportunity for you to argue that your daughter meets the criteria for a Daily Living award, this is solely about whether the Decision was made using the correct law, whether applicable Case Law was considered and whether the Decision is consistent with the evidence that was available.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal - Daily Care not awarded - SoR?
Pete66 wrote: Thanks for your quick response, Gordon. So if we were to appeal, do we do so based on today's Decision Notice and incorrect sum of daily care points, pointing out that it is perverse to award mobility when she requires care for tasks as outlined in the claim in order to leave the house or request a Statement of Reasons and base the appeal upon points stated in that?
Kind regards
You cannot do anything until you have received the SoR.
Please understand this is not a further opportunity for you to argue that your daughter meets the criteria for a Daily Living award, this is solely about whether the Decision was made using the correct law, whether applicable Case Law was considered and whether the Decision is consistent with the evidence that was available.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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