Hi, I have a client awarded higher mobility and care PIP by the tribunal. Her multitude of conditions, including irreparable nerve damage and numerous degenerative, progressive conditions. Medical letters are on her PIP file supporting this Tribunal has awarded 3 years but I want to request longer based on new progressive illness rules. How do I appeal this aspect without a Judicial review which I don't have skills for. Thanks all
If this award was made by a Tribunal then you only have a further right of appeal on the basis that there has been an Error of Law in the making of the Decision, not because you still dispute the Decision itself.
The appropriate length for an award is not defined in law, where it exists it is in DWP guidance to Decision Makers and is therefore not binding on a Tribunal panel, so I think you will struggle to show an Error directly related to the award length.
There may be actual errors in the Decision but you should be aware that these may invalidate the award that has been given and the most likely postive result from a UTT appeal is a new First Tier hearing with no guarantee that they will make a longer award.
If your client wishes to proceed then you need to request a Statement of Reasons from the Judge in charge of the panel, this needs to be done within one moth of the hearing in writing to the venue.
Our appeal guides explain the process in more detail.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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