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TOPIC: PIP legal ruling which seems quite important!

PIP legal ruling which seems quite important! 6 months 2 weeks ago #205705

I found this a few hours ago. No legal knowledge, but it seems to me that this decision is saying:
If your PIP was awarded by a Tribunal, and
if the DWP decides to review your award before it ends, and
if your situation hasn't really changed,
THEN THE DWP CANNOT REMOVE YOUR AWARD, because it is not allowed to overturn the decision of a 1st-tier Tribunal.

Am I correct? 'cause given the number of people who are awarded PIP by Tribunals, this ruling seems like it would be pretty darned good for us claimants!

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PIP legal ruling which seems quite important! 6 months 2 weeks ago #205732

  • Gordon
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Waylay

Based on your post, no such Decision exists, if you can provide a link or a reference I will take a look at what it actually says.

Gordon

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

PIP legal ruling which seems quite important! 6 months 2 weeks ago #205777

I neglected to include the ruling. Duh. Sorry, am an insomniac and on tramadol, so my brain is a bit silly sometimes.

assets.publishing.service.gov.uk/media/5...PIP_3556_2016-00.pdf

Cheers!

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PIP legal ruling which seems quite important! 6 months 2 weeks ago #205795

  • Gordon
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Waylay

First, I can categorically state that this Decision does not do what you think it does,

There have been several Decision along these lines over the last year, this is a poor example because of the complications of multiple appeals being heard.

In simple language the appeal was upheld, as is normal, for a failure of the Tribunal panel rather than the DWP.

The case hangs on the legal reasons for Superseding the previous award and in particular the failure of the panel to check whether those reasons were adequate or not. Understand that the UTT is not saying that they weren't although they may well have been, they are saying the panel failed to adequate check.

These Decisions are important in one way but will almost certainly result in a pyrrhic victory.

As an example and as further explanation. I have chosen the dates for easy understanding.

Assume you have a PIP award that ends on 31/12/18. at the beginning of this year (2918) you receive the forms for a reassessment.

A decision is made, following a face to face assessment on 31/3/18, that you are no longer entitled to PIP.

You request an MR and on 31/518 the DWP Decision is upheld.

You appeal on the basis that you meet the criteria for an award but also on the basis that there is insufficient reason to supersede the existing award and a hearing is held in mid December 2018. The panel agree that there was no reason to supersede the original award and it is re-instated.

However, and this is a big however, the panel cannot alter the original award, so it still ends at the end of December (two weeks time), and you have to make a new claim and will have a period of time without payments whilst this is done and, given the previous failure, you may still not receive an award.

Gordon

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PIP legal ruling which seems quite important! 6 months 2 weeks ago #205816

Hi Gordon!

Thank you so much for taking a look and explaining that to me! Your time and effort are very much appreciated.

Also: darnit. Knew it was too good to be true.

I lost my PIP (0 points) in October, and am borrowing hundreds a month off my partner to get by. I get ESA and HB, but live in a city almost as expensive as London, and have fairly high costs due to my disabilities. People say I should move, but I moved to this city from another country (I'm a citizen), 11 years ago. Everyone I know lives here or in London, all my medical and psychiatric people are here, my partner is here, and I live in a housing co-op which is relatively cheap. Tbh, due to my MH problems and pain/mobility issues, I doubt I'd survive very long away from my entire support system. I was hoping that I could get an extra few months to recover from a very bad year before having to dive back in.

And now I'm rambling. Tramadol. Sigh

Thanks again.

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PIP legal ruling which seems quite important! 6 months 1 week ago #205844

  • Gordon
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Waylay

What have you done to challenge the Decision?

Gordon

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