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Pip appeal

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3 years 2 weeks ago #267881 by robm
Pip appeal was created by robm
If I appeal against my new award would my current award stop until the appeal is herd I get standard for care

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3 years 2 weeks ago #267889 by LL26
Replied by LL26 on topic Pip appeal
Hi robm,
If you wish to argue that you should have been awarded Enhanced Daily Living and/or Mobility at either rate, you can certainly ask for an appeal. You would need to write a Mandstory Reconsideration letter first, and if that failed you could then appeal to the Tribunal.
Make it absolutely clear what you are appealing, eg you should have received 8 pts on Preparing food, because you can't cook at all,(and explain why) instead of the 2pts for needing an aid/appliance. If you agree the points say so. Thus you would only be appealing a limited amount of descriptors.
Since you already have an award it should remain in pay until DWP or a Tribunal revise or otherwise change the award. Whilst it is unlikely that DWP would reduce a very recent award I guess it is possible. You could then appeal anyway. Very occasionally a Tribunal will look at an award on appeal and reduce it rather than increase it, but in those circumstances,( which are very rare,) a warning should be given so you could withdraw your appeal. So there is a risk, but it is a small one that an award could be reduced. However if such a decision was made and wasn't made correctly on accordance with the law, there would be a further right of appeal.
When someone wants to appeal to increase an existing award, I always advise to think carefully about what points could actually be achieved. Are you sure that you will obtain sufficient points to allow the increase. Eg if you have 8 pts already, you will need 12 to be able to get enhanced rate. If DWP have only missed out 2 or 3 points there is no possibility that any appeal will succeed as you still haven't achieved 12 pts.
You may wish to consult the members guides to ensure that an appeal is viable.
These may also help you to write your MR letter.
Good luck.
I hope this helps.

LL26

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

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