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Appeal lodged and DWP offer
- CG31
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4 years 4 months ago #254292 by CG31
Appeal lodged and DWP offer was created by CG31
Hi,
After lodging an appeal to HMCTS three weeks ago, the DWP has reviewed the evidence and made an award of enhanced rate for both daily living and mobility. However in the award letter, under Planning and Making a journey - they have awarded 10 points for "need another person, assistance dog..." which does not apply rather than the "overwhelming psychological distress" which we requested/made the case for. While very shocked and pleased at the new award, we are concerned that the points have been awarded for the wrong issue. Do you think we should write to them about this 'error' and ask them to change it to overwhelming psychological distress to prevent an issue relating to overpayment in the future?
Background
His previous claim was decided by a Tribunal in Dec 2018 who awarded enhanced living and standard mobility (DWP had only awarded standard rate for daily living and four points for moving around and none for Planning and Making a journey. In this latest appeal to the HMCTS, I referred to the previous Tribunal decision and case law (as raised in your guide). So a big thank you to B&W, my friend was quite anxious about making an appeal and unable to do it himself but it was worth challenging the DWP to get an early resolution!
After lodging an appeal to HMCTS three weeks ago, the DWP has reviewed the evidence and made an award of enhanced rate for both daily living and mobility. However in the award letter, under Planning and Making a journey - they have awarded 10 points for "need another person, assistance dog..." which does not apply rather than the "overwhelming psychological distress" which we requested/made the case for. While very shocked and pleased at the new award, we are concerned that the points have been awarded for the wrong issue. Do you think we should write to them about this 'error' and ask them to change it to overwhelming psychological distress to prevent an issue relating to overpayment in the future?
Background
His previous claim was decided by a Tribunal in Dec 2018 who awarded enhanced living and standard mobility (DWP had only awarded standard rate for daily living and four points for moving around and none for Planning and Making a journey. In this latest appeal to the HMCTS, I referred to the previous Tribunal decision and case law (as raised in your guide). So a big thank you to B&W, my friend was quite anxious about making an appeal and unable to do it himself but it was worth challenging the DWP to get an early resolution!
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- Gary
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4 years 4 months ago #254295 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Appeal lodged and DWP offer
Hi CG31
Absolutely delighted to hear that you have been awarded your enhanced PIP award. Great news.
If you are asking the DWP to review their decision now that they have awarded enhanced for both components then then reduce what they have awarded. You can argue it all next time when your review is up for renewal.
For peace of mind you could contact DWP but the term 'need another person, assistance dog' is a generic term, so you may not have an assistance dog, but do they need another person, as you say they suffer from OPD, which to me sounds like they 'need another person', that is how I would interpret the term.
Gary
Tags: @RESULT @PIP @REVIEW award changed by DWP review
Absolutely delighted to hear that you have been awarded your enhanced PIP award. Great news.
If you are asking the DWP to review their decision now that they have awarded enhanced for both components then then reduce what they have awarded. You can argue it all next time when your review is up for renewal.
For peace of mind you could contact DWP but the term 'need another person, assistance dog' is a generic term, so you may not have an assistance dog, but do they need another person, as you say they suffer from OPD, which to me sounds like they 'need another person', that is how I would interpret the term.
Gary
Tags: @RESULT @PIP @REVIEW award changed by DWP review
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The following user(s) said Thank You: pollenpath
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- BIS
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4 years 4 months ago #254297 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP MR review descision
den1mon
I am moving your post to one of your own, because we ask people not to post questions on top of someone else's thread as it can become confusing.
BIS
I am moving your post to one of your own, because we ask people not to post questions on top of someone else's thread as it can become confusing.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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