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PIP Appeal Can I cant I

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5 years 9 months ago #214776 by Aeowen
PIP Appeal Can I cant I was created by Aeowen
My sister Had enhanced Disability Living and Mobility Component. Her Review gave her Standard Living and Enhanced Mobility Stroke Victim. She needs but 2 points for the Enhanced Living rate. Her situation has worsened rather than improved. She has had a Stroke and HME (Hereditory) I have submitted a Reconsideration. However, should she fail to get the enhanced for Living component. She is afraid of losing her car or she will be stuck at home 24/7 should she go to Appeal. My question is can she Appeal on the Living Component only and retain her Mobitity Enhanced rate to safeguard her vehicle?

In September last year her son won an appeal from going from full DLA/Mobility to nothing on PIP. He has the same HME as myself and my sister. There was a statement in the appeal that it was inappropriate to set a time limit on the PIP. Can I use that as a "precedent"?

I actually try to write up my sisters application and her son, and even I have to use a dictation programme to be able to write anything on the PC. I am convinced that the DWP look to disadvantage anyone who applies for PIP.

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5 years 9 months ago #214799 by Gordon
Replied by Gordon on topic PIP Appeal Can I cant I
Susan

Both an MR and an appeal re-make the original Decision and therefore can remove as well as add points, the DWP are not required to contact the claimant if they decide to reduce or remove an award, an appeal panel are!


Yes, they can ask a Tribunal to just look at the Daily Living award.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Aeowen

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5 years 8 months ago #216103 by Aeowen
Replied by Aeowen on topic PIP Appeal Can I cant I
My sister wants to appeal but is afraid that she will lose her vehicle which she relies on. Basically the mobility compnent she is not challenging, its the Living component she wished to appeal for. However, if she appeals will she then lose her vehicle. Her previous original PIP was until April 2019. I guess she is questioning should she just accept the PIP of Standard Living Rate or appeal. She missed the enhanced rate by 2 points which to be honest the assessor has not reported what happened in the FtoF. I was there and really the boldness of the lie beats all Ive seen before. She was found bankrupt in the papers it said because she cannot handle or understand the value of money, yet the assessor said she could. My sister is a stroke victim. This has hit her really hard.

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5 years 8 months ago #216106 by Gordon
Replied by Gordon on topic PIP Appeal Can I cant I
Susan

I'm sorry but I can't make any comment on whether they should appeal or not, it's a decision that they have to make.

What I can say is that the Tribunal Panel must warn the claimant if they have any concerns as to whether the current award is justified or not, so that the claimant can withdraw the appeal and retain their existing award.

Gordon

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

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