PIP Tribunal

Hi Susan,

I note you are using your full name, you may wish to edit this.
www.benefitsandwork.co.uk/component/users/profile

When you appeal a DWP decision, this can put the whole award at risk - a tribunal can review the whole award not just one part. This seems to be what has happened here! The tribunal must by law give a claimant a warning that their existing award is at risk - the idea behind the adjournment is for you to consider whether you want to continue with your appeal. The tribunal probably should have explained this better, and also suggested that you seek specialist advice from a welfare benefits advisor eg from CAB. The tribunal members will be different next time, because the original members have heard some evidence and would perhaps be prejudiced if they reheard more evidence, and it is easier to reconvene with a new panel than to try and match everyone's diary to get everyone all together again. (This is standard when adjourning a hearing.)

I am not sure if you had access to the members guides on this site prior to the tribunal. Here is a link;
www.benefitsandwork.co.uk/help-for-claimants/pip

The guides give lots of useful information about claiming PIP and appeals.

Unfortunately we see all too often sweeping assumptions made by DWP (assessors) that because you can drive you can do umpteen other things. But this is probably not so! The grip required to drive a car is very different from that required to peel/chop vegetables, but it is still used by DWP to counter awarding points!

What I suggest is this - go back to the guides, and make absolutely sure that you have correctly identified where you should be awarded points. Perhaps ask a friend/relative to go through this independently to make sure. If you are satisfied that you have a good case to be awarded both mobility which you have already, and at least standard daily living then you have the option to proceed with the case. You can bolster your chance of success by explaining why DWP is wrong, following the suggestions in the guides, and using examples of where you can not do things and why. There is no guarantee that this will be successful, but you need to understand that you mobility award could be at risk. That is not to say it will be taken away, but it could be, but a different tribunal may take a different view, and of course you can write in and provide more evidence to support your case generally. (This could also include medical evidence, or evidence from eg a friend.)

ALTERNATIVELY - if having gone through the guides you think that you are not entitled to sufficient points OR you are concerned about the potential risk to your existing mobility award, then you have the option to withdraw the case. - Just write to HMCTS and tell them you want to withdraw the appeal (giving your NI number and tribunal reference number.) The tribunal will then write back and confirm your withdrawal - nothing further will happen and you should continue to receive your mobility PIP. If you withdraw your appeal, and your health deteriorates, you can always ask DWP to look at your award again. This may of course mean that you will be subject to another assessment.

This may be a very good time to seek specialist advice - Details of local organisations can be found here
advicelocal.uk/

I hope that the above helps you understand what is happening. Good luck!

LL26

Hi denby, I fairly recently referenced a case where it was decided that the ability to drive did not preclude you from getting points for planning and following a journey,

here

I don’t know if that is what you were thinking of? Unfortunately I am not aware of any cases where the ability to drive has been shown not to evidence assorted Daily Living tasks.

Catherine