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TOPIC: Another PIP Tribunal 'Win'...

Another PIP Tribunal 'Win'... 2 months 3 weeks ago #197759

It's been a long time since I was last here - mainly because I have been playing 'the waiting game' for my day in court!

That day has now arrived and I'm pleased to say, I won my appeal for Enhanced Rate Mobility of PIP...

As the dust - and my nerves - settle(s) on the decision, inevitably this gives rise to new questions about what happens 'now'!

Without wanting to sound too mercenary, can anyone enlighten me as to whether I will have to repay the £22/week Standard Rate for Mobility that I have been receiving since the original decision by the DWP (April 2017)? Had I been awarded the Enhanced rate initially, this would obviously have been paid directly to Motability for my existing vehicle. As the DWP only awarded me the Standard rate - since April 2017 - AND allowed me to keep my vehicle whilst appealing the decision - I'm guessing that Motability/RSAM/RAC have not been receiving their payments for running costs of the vehicle, insurance, breakdown cover, etc?

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Another PIP Tribunal 'Win'... 2 months 3 weeks ago #197767

That's great news, what a lovely reason for your first forum message! :)

I think your username is a pseudonym - if not you might wish to change it to maintain anonymity! If you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

It is only recently that claimants have been allowed to keep their Motability vehicles so I'm afraid we haven't seen how this will be dealt with. Your best bet is to contact Motability and ask what happens.

tags @ RESULTS @PIP @TRIBUNAL
The following user(s) said Thank You: UKDJ

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

Another PIP Tribunal 'Win'... 2 months 3 weeks ago #197770

Thanks 'Mrs Hurtyback',

Profile edited & I will contact Motability for advice...

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Another PIP Tribunal 'Win'... 2 months 3 weeks ago #197786

Well done UK,
Can you enlighten us to what kind of things you were asked at you tribunal?
Regards
Walt

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Another PIP Tribunal 'Win'... 2 months 2 weeks ago #198023

Hi Walter,

I will try to give a few helpful pointers...

To outline the basis of my Appeal, I was disputing my PIP award purely on the Mobility criteria. For this reason, most of the questions were asked by the 'medical' member of the Tribunal panel...
They asked me about a specific route that I might walk, using local knowledge, and how it would affect me both during and in the hours after making the journey - pace of walking, time taken, physical symptoms (i.e. pain), frequency and length of any stops I would have to make, etc.
My main argument - &, I believe, the reason my Appeal was upheld - centred around the fact that although I COULD walk a certain distance, it is not mentioned anywhere in the information supplied with the PIP application form that in order to be awarded a certain number of points you must be able to complete the activity - whatever it is - "... reliably, repeatedly, safely, to an acceptable standard & in a reasonable time period." If this is not the case, you must be assessed on the next level for the activity.
I only discovered this 'hidden' information during online research, after my original PIP application downgraded me from Higher Rate Mobility Component (HRMC) of DLA to Standard Rate Mobility for PIP.

I hope this information is of help to others.
The following user(s) said Thank You: Gordon

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Another PIP Tribunal 'Win'... 2 months 2 weeks ago #198045

Yes regulation 4 stipulates that, but what do you mean by "If this is not the case, you must be assessed on the next level for the activity." next level for the activity? I doing appeal on this very point.....what case law if any did you use please??

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