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Tribunal Decision

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5 months 2 weeks ago #285067 by Gash_24
Replied by Gash_24 on topic Tribunal Decision
Hi, as always you support is much appreciated.

I have looked at the links provided in the previous post. At the moment I don’t have the head space to cope with another person. I hope in the next few days I can start to take steps towards contacting someone.
In the meantime I have received this letter dated 31/10/2023.

About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal

I referred the application to the duty judge who has decided to set aside the decision the tribunal made on 31/10/2022.

I enclose a copy of the decision.
The appeal will be heard by a new tribunal. I will arrange a date for the appeal hearing shortly.
Please let me know immediately if there are any dates you are unable to come to a hearing in the next three months.

The enclosed decision mentioned in the letter are what the judge allowed last year.

Whilst I kind of understand the situation. How can this be done a whole 12 months from the original decision?
Furthermore, what would you suggest I do?

Look forward to hearing from you

Kind regards

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5 months 2 weeks ago #285090 by Gary
Replied by Gary on topic Tribunal Decision
Hi Gash-24

By the sound of your post, you do not have to do anything, you just have to wait for your case to be re-listed.

Gary

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

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1 month 2 weeks ago #288741 by Gash_24
Replied by Gash_24 on topic Tribunal Decision
Hi Everyone,

My new tribunal took place last week and the decision was in my favour again, I won. However, the award was different from the original hearing. The initial hearing related to descriptor, "Mobility Activities-Planning and following journeys". The focus for the more recent tribunal was on descriptors. "Daily Living- 1, 4, 5, 6, 9, 12" no mention of the descriptor previous tribunal hearing. Whilst I understand it is a totally new hearing, surely it such have some reflection on the original hearing. So my daily living component has gone from standard to enhanced and is being back dated. Would I qualify for back payments of the cost of living allowance? As I did not previously fit the criteria but with the new award it does cover this period.


It may sound like I am being ungrateful here but I'm really not. There have been so much mix up throughout this whole process I just need some reassurance and guidance that this is correct.

Your guidance would be much appreciated as to whether I accept or challenge the new decision.

Kind Regards

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1 month 2 weeks ago #288768 by BIS
Replied by BIS on topic Tribunal Decision
Hi Gash_24

Your question is outside the remit of this forum. According to this government paper I found, it looks as if you could, but you would need to raise this with the DWP.

researchbriefings.files.parliament.uk/do...BP-9616/CBP-9616.pdf

BIS

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