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TOPIC: pip and offer of improved award

pip and offer of improved award 1 month 5 hours ago #197408

lodged an appeal and have been offered an improved award to enhanced daily rate living but they wont budge on the mobility points needed to get the standard mobility/.
The offer of upgrade came from Blackpool on the phone.
I'm minded to accept and presumably a new letter award would be issued with backdated money to follow but would I then get a right of appeal against the mobility refusal as a fresh PIP decision has been issued consequent of the appeal having been lodged ? I think the mobility is 'borderline' but I'd like to have that option still . or does accepting the appeal gets lapsed for the higher award to be made (daily living )
Also my evidence is of a lifetime condition with poor prognosis and they awarded less than 5 years and I was on indefinite award DLA. Thats another slight issue... but on the other hand in the present climate its tempting to just grab the upgrade and worry about renewal in a few years time
Any advice gratefully received

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pip and offer of improved award 1 month 2 hours ago #197438

XFACTOR

I would expect it to be a condition of the new award that your appeal is lapsed (cancelled), however, having accepted the new award and it being put into payment then you can make a new appeal for the Mobility award.

Award length is supposed to be a reflective of the likelihood of change, this can be a deterioration as well as an improvement. Did your MR challenge the current award length?

I don't know your age, but in case you are not aware, a Mobility award cannot be made or increased if the claimant is over the age of 65.

Gordon

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

pip and offer of improved award 1 month 1 hour ago #197444

Hello Gordan
Thank you that is really helpful
I did challenge the prognosis as part of the MR and subsequently in the appeal letter,
I was previously an indefinite award and my ESA SG medical scrutiny letter stated it was seen as change was unlikely in the longer term and my GP evidence both for ESA and for PIP seems to suggest chronic little chance of change I am young enough to still get the mobility in theory at least

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pip and offer of improved award 4 weeks 1 day ago #197516

Hello again Since my post I have now been offered a longer period of award in addition to the higher rate and have accepted. In the meantime I would be pleased to know if this means I will be backdated to the date of the award that I had appealed .?

Also on length of award whilst I have been offered longer than initially it is to be 6 years and thats great but I am sure my med circumstances and history indicate little prospect of change in disability. Should I consider getting some evidence from the GP to s ame effect and maybe apply for a mandatory reconsideratioin of the new decision ( presumably MR is the first step)

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pip and offer of improved award 4 weeks 1 day ago #197526

Hi X,

I'm glad you have been offered an increased award. This will be backdated to the original start date.

You are entitled to ask for an MR of this decision*. However, you should be aware that we have never seen the length of award extended due to either MR or appeal.

*NB, Gordon tells me that a MR should not be necessary and you can go to appeal.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

pip and offer of improved award 4 weeks 1 day ago #197532

Thank you

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Moderators: bro58GordonMrs Hurtyback