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PIP MR and appeals
- DRAGON2009
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6 years 8 months ago #194296 by DRAGON2009
PIP MR and appeals was created by DRAGON2009
Hello, Having been awarded PIP standard daily living but missing enhanced by a point I decided on an MR request as ( for example) supervision was shown on the facts rather than the lower pointed prompting, and need for social support for engage rather than the lower pointed prompting and treatment points for daily physio excersizes rather than the higher scoring 'therapy. Anyway, I'm told by the call staff that the MR has resulted in decision unchanged and its in the post, exact same points for all apparently
So once is arrives I will be able to reflect on the reasoning and whether I should appeal in a quest to get the extra point I need for the enhanced. I'm not ungrateful for what I have but I was one point short,. Naturally I feel that is worth fighting for
have I got the following right
1. If I appeal they will look once more at the decision before a tribunal gets the case ?
If so do many decisions alter at this stage ?
2. If I appeal will a Tribunal actually warn you if the appeal is perceived to be in liklihood of losinbg the award so you can withdraw ?
Thank you
So once is arrives I will be able to reflect on the reasoning and whether I should appeal in a quest to get the extra point I need for the enhanced. I'm not ungrateful for what I have but I was one point short,. Naturally I feel that is worth fighting for
have I got the following right
1. If I appeal they will look once more at the decision before a tribunal gets the case ?
If so do many decisions alter at this stage ?
2. If I appeal will a Tribunal actually warn you if the appeal is perceived to be in liklihood of losinbg the award so you can withdraw ?
Thank you
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- Gordon
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6 years 8 months ago - 6 years 8 months ago #194318 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR and appeals
XFACTOR
1. If you submit new evidence or testimony then the DWP are required to look at your claim again, this can result in them make a revised award to you, if pushed I would say that this happens in less than 5% of appeals at best.
2. Yes, if the panel feel your existing award is at risk then the Judge is required to warn the claimant and adjourn the hearing. If you opt for a Paper hearing then they should write to recommending that you attend the hearing (they may do this anyway) but they will also strongly recommend that you get professional advice before proceeding.
Gordon
1. If you submit new evidence or testimony then the DWP are required to look at your claim again, this can result in them make a revised award to you, if pushed I would say that this happens in less than 5% of appeals at best.
2. Yes, if the panel feel your existing award is at risk then the Judge is required to warn the claimant and adjourn the hearing. If you opt for a Paper hearing then they should write to recommending that you attend the hearing (they may do this anyway) but they will also strongly recommend that you get professional advice before proceeding.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 8 months ago by Gordon.
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- DRAGON2009
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6 years 8 months ago #194346 by DRAGON2009
Replied by DRAGON2009 on topic PIP MR and appeals
Thank you Gordan, I shall consider the reasoning of the MR letter when it comes and see if I think its worth carrying on
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