Possible PIP Appeal - Aids when dressing

Thanks for the reply.

Sent a request to set aside this afternoon. As you say they've reinstated and extended my original award, but that basically leaves me in the same position as the mandatory recon.

To be honest that what's confused me, they upheld the appeal, and then gave me the same as I already had anyway, so I'm exactly where I would have been had I not bothered appealing.

Anyway I've put the set aside request in, and resent the response (and hopefully they won't loose it this time), and I'll update the thread when I hear anything.

Got another update for anyone following the ongoing saga. I forgot to update the thread last time I heard anything, before this morning, so settle in people this might be a long one

Firstly the decision made on 01/08/2018 was set aside on 22/08/2018. As I said previously I asked for it to be set aside based on the fact that papers I submitted had been lost, which the judge agreed with, but he also gave another couple of reasons for the decision to be set aside.

As Gordon had pointed out the appeal was held too quickly, and I wasn't given the appropriate time to respond. In the decision notice the judge had a real go at point out this one. Not only on the fact that I wasn't given enough time to respond, but that the appeal was determined "too quickly"

He also added a third reason for allowing the set aside. He notes that my appeal was allowed but :

The award contained in the tribunal's decision is, however, the same as the revised award made by the secretary of state on 15/05/2018 in relation to the mobility component. The Tribunal has also reduced the points awarded for daily living on 15/05/2018. The appeal was not, therefore, allowed as the decision did not change the decision of 15/05/2018 in the Appelant's favour.

To be honest I thought the fact that my appeal was "allowed" but didn't change the outcome in any way, in fact making it 2 points worse (that doesn't affect the award, but still, wierd) was a little bit sketchy, and apparently the judge agreed.

Also as part of this decision the judge recommended that the hearing be changed to an oral hearing but, as I said earlier, I just don't think I'm in a position mentally, physically or emotionally to go through yet another oral hearing (just 2 years since my last one) when I'm probably going to have to go through all this again in February, when my current award will be up for review again.

Anyway I sent a letter to the court laying out my current position, and laying out how many review/appeals/decisions I've had to go through in the last 9 years (since my initiaal RA diagnosis) and I guess they agreed with me. I spoke to someone at the court this morning (not about this, I was ringing to find out why I hadn't been sent a copy of the extra bundle pages yet) and he told me that the case had been switched back to a paper hearing and, even though they don't write to let you know when it will be held, he could tell me that it was currently scheduled to be heard on 02/10/2018.

So it looks like within a month I might finally know what's going on, and can look forward to going through this all again in six months time.

All good fun.

p.s. Also had a letter from DWP this morning notifying me of the result of the (now set aside) tribunal decision from 01/08/2018 and detailing my new (exactly the same) award. So it's only taken them a month to notice that one, wonder how long it will take them to notice that it's been set aside. Probably not before it's held again, based on prior performance.

A quick (and hopefully final) update for all those who are interested. My hearing was held on 02/10 on the papers, as previously hinted to by the clerk, and my appeal has been allowed (and for real this time).

I have been awarded the 2 points I was looking for, for dressing/undressing, and with the other points, already awarded, I now have an award of standard rate mobility and daily living. Award is still only till Feb 2020, so I'm expecting to have to go through this all again as early as Feb next year, but for the time being I'm just glad it's all over.

I obviously haven't heard anything from DWP, as yet, so I guess there is still a chance they could upper tribunal this, but for the time being it's good news.

Thanks to Gordon for the info/advice and, hopefully, I won't be needing any more for the next few months at least.

Well done, and sorry you had to go through all that. I am in pretty much the same situation. 2 points deducted as sitting down “doesn’t count anymore”. Assessor agrees I NEED to sit and it’s not a choice.
I can only dress 3 times a week and it causes pain and I have really bad fatigue. I spend 6 days a week in pjs and can only get fully dressed once a week. She did say this but didn’t ask how often I can change my pjs so it’s written as if I can change PJs everyday without assistance, can dress my top half, bottom half, do buttons and zips. She also didn’t ask about shoes, socks, bra etc.
Do you know why the two points were awarded to you despite the other ruling saying no?? Does this reverse the decision for other people too??

Thanks