PIP Appeal

Hi huth39,
If you have eg a three year award, towards the end of that period you will be informed that an award review will be taking place, you usually get a form to fill out, an assessment etc.
The decision maker will consider all the evidence. If he decides that the wrong level of benefit is being awarded, be it more or less he will supersede the award/ make a Supersession.
Supersession is the legal term for a change in benefit. As in your case if the decision maker has received a new assessment report which suggests you no longer qualify for benefit or a higher level, he makes a Supersession. In my example benefit is reduced but the evidence DWP rely on was due to the recent assessment - unless there is an indication of fraud, DWP will supersede the original decision of say 2019, but the decision gets superseded from the date of the assessment or perhaps date the decision maker looks at the file if this is within a few days. The rationale behind this, is that DWP will give you the benefit of the doubt saying you wouldn't necessarily be aware if the change revealed in the new assessment, hence there is no reason to back date the change, and the lesser benefit award will 'bite' from the new decision date forward.
If your condition has become worse eg due to an accident, say on 1st June 2022 and this is evidenced, when you fill out the review form or alternatively notify DWP of a change of circumstances, then DWP may well feel you deserve more benefit. Again they will make a Supersession but thus time because they are paying more, they can award from the date if change ie the accident date.
If you succeed at either Mandatory Reconsideration or via appeal to the Tribunal it is likely that you will get a backdated award to the date when the Supersession removed all or part of your benefit. The tribunal can also award more benefit to reflect more disability if this is correct. This would also be back dated to the Supersession date.

Whilst receipt of a new assessment report gives DWP power to supersede a decision, there has to be an actual change of circumstances not just a different medical view. It is for DWP to prove on balance of probability this is so. If they don't, then the Supersession is invalid, and the level of benefit should revert to the previous level, or more if you have more disability to achieve enough points.
Make sure that you can show continuing (or worsening) disability. Larger doses of medicine, mire medicines, more falls, more anxiety increased number of GP or hospital visits may well be good evidence. New medical reports can be used, ir you simply need to say you gave an enduring heath condition that doesn't get better! Otherwise, slower walking speeds could indicate worsening mobility. Whilst you don't have to prove the Supersession is valid it is easy for you to provide the evidence that will convince the Tribunal to show DWP has not reached the burden if proof.
At tribunal, you can give evidence, a friend or relative can also attend (as well as a formal representative,) and can give evidence about hiw you struggle to complete PIP activities and the help you continue to require.

I hope this helps.

LL26

Hi huth39,
When you talk of case papers do you mean the appeal bundle?
I presume you have actually applied to the tribunal, and hence you have filled out the SSCS1 form? Usually about 1 mth after the appeal is lodged DWP produce the appeal papers (bundle). This is given to you and the tribunal. It normally consists a copy if the claim form/ review form, decisions MR paperwork, and of course a copy of the SSCS1 form. Also included will be the assessment report and medical reports and other evidence you may have submitted.
Do you mean this when you refer to the case papers?
If you haven't yet received the appeal bundle there may be a proper explanation in the bundle when you receive it.
If you feel there could be abetter explanation or other paperwork lurking in the DWP cupboard somewhere you could write in and ask, you could make a subject access request to ask for all relevant paperwork about this, and see what gets sent out. The best way to do this is to request say all PIP paperwork since eg the beginning of your claim, including all claim or review forms, decisions thereon, Supersessions and information used to create a supersession including medical reports etc.

However, I'm not clear from your posts whether your award was reduced, or whether your health has become worse and the original award which was maintained is no longer adequate to reflect your disabilities. If you gad a reduced (or no) award, then it is a suoersession and DWP have to prove there has been an actual change of circs and your health has improved so the new award now correctly reflects the improved state of health. If DWP need to prove this and there are gaps in the paperwork and it is clear mistakes are made, then this is fine because it will suggest that DWP have not proved their case!
If this is an instance of DWP maintaining an award where you argue greater disability then you will need to show that your disability is worse- in practical terms this means you will have to show that you have less ability to do one or more PIP descriptor activities and hence should score enough more points to give you a greater PIP award under Daily Living or Mobility or both.
If the case involves a supersession then DWP need to prove this. Otherwise whatever paperwork DWP did or didn't rely on is a bit of a red herring. The tribunal can make any decision DWP can legally make. They will doubtless consider all descriptors (unless it is clear that certain ones really don't apply.) The tribunal will consider the medical reports, assessment report, (which you can either agree or criticise for being eg too vague, ignoring what you said, etc) and your own evidence if you choose to speak. They will form their own opinion.
You may wish to write in to the tribunal, you can mention initially if thus us a supersession and mention the burden of proof. You can explain about DWP's missing paperwork etc. Then maybe write a paragraph about your disabilities and give an overview of diagnosis and treatment, and generally what you can/can't do. Mention your own medical reports if appropriate. Next write a paragraph criticising the assessment report if you wish. Be partial and try to collate the criticisms into 4 or 5 bullet points, give the worse examples of each. Finalky go through each descriptor and state what you can't do and why give the correct points explain specifically why DWP has got it wrong.
Keep a copy and send into the tribunal.

I hope this helps.
Good luck with the tribunal.
Let us know how you get on.

LL26