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Help with Appealing
- Samantha
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3 years 6 months ago #265265 by Samantha
Help with Appealing was created by Samantha
Good morning...
I did a MR and was awarded standard mobility...Was only previously receiving Standard for Daily living...I feel I should of been awarded enhanced for mobility...I received 8 points for moving around and nothing for planning and following a journey...
If I appeal this decision, could I lose my award altogether and will my payments stop if I appeal...
Kind regards
I did a MR and was awarded standard mobility...Was only previously receiving Standard for Daily living...I feel I should of been awarded enhanced for mobility...I received 8 points for moving around and nothing for planning and following a journey...
If I appeal this decision, could I lose my award altogether and will my payments stop if I appeal...
Kind regards
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- LL26
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3 years 6 months ago - 3 years 6 months ago #265336 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Help with Appealing
Hi Samantha,
If you wish to pursue this then you would need to make an appeal to the tribunal. There is an online form SSCS1 which you can fill in and submit, or print out and save. You have one month from the date of the decision to do this,vunless there is a very compelling reason why you are late and then the time might be extended.
If you appeal state that you are only appealing the Mobility award. The tribunal need not consider anything not raised in the appeal. So if you are just appealing mobility, the tribunal doesn't have to consider daily living. However the tribunal can look at the whole decision if they feel it is justified. If the tribunal felt that the award you already have should not have been awarded they will need to give you a warning often accompanied with an adjournment so you can consider your position and get further advice. If you wish you can then withdraw your appeal and basically keep the original award.
So there is a small risk of jeopardising your current award, but there is also the possibility of achieving a higher award. Nothing ventured nothing gained!
If you did appeal, you should keep your current award until such time as this revised (or not) by the Tribunal. After the hearing you will get paid any extra money if the Tribunal allow your appeal. This will be backdated to the date of the renewal decision from DWP.
I hope this helps
LL26
If you wish to pursue this then you would need to make an appeal to the tribunal. There is an online form SSCS1 which you can fill in and submit, or print out and save. You have one month from the date of the decision to do this,vunless there is a very compelling reason why you are late and then the time might be extended.
If you appeal state that you are only appealing the Mobility award. The tribunal need not consider anything not raised in the appeal. So if you are just appealing mobility, the tribunal doesn't have to consider daily living. However the tribunal can look at the whole decision if they feel it is justified. If the tribunal felt that the award you already have should not have been awarded they will need to give you a warning often accompanied with an adjournment so you can consider your position and get further advice. If you wish you can then withdraw your appeal and basically keep the original award.
So there is a small risk of jeopardising your current award, but there is also the possibility of achieving a higher award. Nothing ventured nothing gained!
If you did appeal, you should keep your current award until such time as this revised (or not) by the Tribunal. After the hearing you will get paid any extra money if the Tribunal allow your appeal. This will be backdated to the date of the renewal decision from DWP.
I hope this helps
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 6 months ago by LL26. Reason: Spelling
The following user(s) said Thank You: Lynn798, Samantha
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