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Query re mandatory reconsideration

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6 years 2 months ago #205685 by Honey Wesley
Query re mandatory reconsideration was created by Honey Wesley
I’ve asked for a mandatory reconsideration of a PIP decision. I supplied further evidence, that the DWP didn’t wait for before making the decision.

If I were to be awarded PIP at the basic rate, and decided to appeal as I think I’m entitled to the enhanced rate, would I start receiving actual payments at the lower rate (and back pay to the date of the claim) - or would any payment be put on hold until a decision is made at appeal?

Many thanks.

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6 years 2 months ago #205690 by Gordon
Replied by Gordon on topic Query re mandatory reconsideration
Crochetta

If an award is made then it will remain in payment if you appeal the Decision.

Gordon

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

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6 years 2 months ago #205693 by Honey Wesley
Replied by Honey Wesley on topic Query re mandatory reconsideration
I’m sorry, I just need to clarify ‘remain in payment’...do you mean that I’d receive the back pay from the claim start date, and continue to receive it up to the date of appeal - at which point any new award would be considered...?

If this is the case, and unhappily an award was taken away by the tribunal, would I have to pay the money back?

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6 years 2 months ago #205719 by Gordon
Replied by Gordon on topic Query re mandatory reconsideration
Crochetta

Yes as you have posted.

If a Tribunal felt that your current award is not justified then the Judge is required to warn the claimant and adjourn the hearing so that the claimant has an opportunity to withdraw their appeal.

Gordon

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

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