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Help please, Tribunal "Correction"

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4 years 4 months ago #254374 by MandaB
Help please, Tribunal "Correction" was created by MandaB
Hello,
I have been fighting for my mothers Pip award to be increased to enhanced on both daily living and mobility since August last year. The appeal was finally heard (without our knowledge) on the 29/09/20 and was issued to both parties on the 02/11/20.
in that decision notice it Staes that the appeal has "been allowed" and my mother will be entitled to the enhanced rate of both daily living and mobility, and this will be backdated to August 2019. This was the right decision we felt.
We have waited and waited and nothing has happened. But now today we have received another decision notice from the court saying "Corrected decision notice" and it now says "The appeal is allowed" but then goes on to say she is entitled to the enhanced daily living but only the standard mobility, with a reason given that was not mentioned at all in the first letter. It says this was now issued to the parties on the 08/12/20.
I just want to know, can they do this? just change their mind? they said they had a request to change it, presumably from the DWP, but surely once a decision has been reached they cant just ask to change it?
I don't know what to do from this point on. Thankyou.

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4 years 4 months ago #254378 by Gary
Replied by Gary on topic Help please, Tribunal "Correction"
Hi MandaB

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work .

The first thing you need to do is to write to HMCTS and request a statement of reason, you will not get a reply until late January/February.

If you are not happy with the reply your next step would be to appeal to the Upper Tribunal providing it is on a point of law, I would advise you to seek help from a welfare rights worker in your area.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 4 months ago #254407 by MandaB
Replied by MandaB on topic Help please, Tribunal "Correction"
Thank you for replying.
I have rang the Tribunal service this morning and they have told me to try and get the decision "set aside", should I ask request a statement of reasons or wait until I know if it has been set aside?
Thankyou so much
Amanda

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4 years 4 months ago - 4 years 4 months ago #254411 by BIS
Replied by BIS on topic Help please, Tribunal "Correction"
Hi MandaB

I would put in a request for the statement of reasons now because they take a long time to come through and you want to have it ready if you're forced to use it. I don't know how quickly they will decide if the judgement is "set aside". You just need to be as ready as you can.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 4 months ago by BIS.

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