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Withdrawing PIP appeal
- papasmurfyogi
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4 days 6 hours ago #314359 by papasmurfyogi
Withdrawing PIP appeal was created by papasmurfyogi
Hello,
I've been living with ME/CFS for the last 2 1/2 years.
I was awarded standard PIP for mobility and nothing for daily living.
I feel that given the huge impact on my daily life, I should also be awarded something for daily living.
I have appealed and have been waiting about 6 months for my tribunal.
I'm becoming increasingly worried that I will end up with nothing.
To anybody observing, on my best days I probably come across as a regular healthy person, even if I am feeling awful. On my worst days which is more than 50% I am sofabound.
I am still in work, albeit significantly reduced hours. The toll that work takes on me is huge and I spend my weekends unwell and resting. However, they don't seem to take that into account and the fact that I'm still able to work was given as the main reason for me receiving nothing for daily living.
I'm very worried that if I go to the tribunal they'll see that I'm able to walk (and won't consider the later consequences of that walking), see that I can hold a conversation and that I still work 3 days a week and strip me or my earlier award.
I don't want to take that risk.
How do I withdraw my appeal?
With thanks for your help.
I've been living with ME/CFS for the last 2 1/2 years.
I was awarded standard PIP for mobility and nothing for daily living.
I feel that given the huge impact on my daily life, I should also be awarded something for daily living.
I have appealed and have been waiting about 6 months for my tribunal.
I'm becoming increasingly worried that I will end up with nothing.
To anybody observing, on my best days I probably come across as a regular healthy person, even if I am feeling awful. On my worst days which is more than 50% I am sofabound.
I am still in work, albeit significantly reduced hours. The toll that work takes on me is huge and I spend my weekends unwell and resting. However, they don't seem to take that into account and the fact that I'm still able to work was given as the main reason for me receiving nothing for daily living.
I'm very worried that if I go to the tribunal they'll see that I'm able to walk (and won't consider the later consequences of that walking), see that I can hold a conversation and that I still work 3 days a week and strip me or my earlier award.
I don't want to take that risk.
How do I withdraw my appeal?
With thanks for your help.
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- BIS
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4 days 5 hours ago #314365 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Withdrawing PIP appeal
Hi papasmurfyogi
It is entirely up to you what you choose to do - but if the Tribunal was going to recommend reducing your award (which they only occasionally do), they have to tell you, and they then give you the opportunity to withdraw your appeal - so apart from possibly being disappointed, there is no risk to your current award.
If they do not mention withdrawing your appeal, that doesn't mean you will get a positive outcome. It's possible that when you receive the decision letter, your award could be unchanged.
Obviously, there is the chance that you will get a positive outcome.
The choice is yours, but your current award is not at risk. If you want to withdraw, you need to inform the tribunal services.
BIS
It is entirely up to you what you choose to do - but if the Tribunal was going to recommend reducing your award (which they only occasionally do), they have to tell you, and they then give you the opportunity to withdraw your appeal - so apart from possibly being disappointed, there is no risk to your current award.
If they do not mention withdrawing your appeal, that doesn't mean you will get a positive outcome. It's possible that when you receive the decision letter, your award could be unchanged.
Obviously, there is the chance that you will get a positive outcome.
The choice is yours, but your current award is not at risk. If you want to withdraw, you need to inform the tribunal services.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- papasmurfyogi
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3 days 3 hours ago #314404 by papasmurfyogi
Replied by papasmurfyogi on topic Withdrawing PIP appeal
Hello BIS,
Thank you for your response.
So to confirm, if I do not receive a "pre-warning" that my my award is at risk, there is absolutely no possibility that my PIP award will be reduced as a result of the tribunal?
Is there also an option of changing it to a paper tribunal rather than withdrawing altogether? I just feel very anxious about the whole in person tribunal.
If I do decide to withdraw, what is the route to do this? Can I send a letter and if so where? Or an email? Or do I need to call the number on my PIP letters?
Many thanks,
Thank you for your response.
So to confirm, if I do not receive a "pre-warning" that my my award is at risk, there is absolutely no possibility that my PIP award will be reduced as a result of the tribunal?
Is there also an option of changing it to a paper tribunal rather than withdrawing altogether? I just feel very anxious about the whole in person tribunal.
If I do decide to withdraw, what is the route to do this? Can I send a letter and if so where? Or an email? Or do I need to call the number on my PIP letters?
Many thanks,
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- BIS
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2 days 10 hours ago #314416 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Withdrawing PIP appeal
Hi papasmurfyogi
If you do not receive a pre-warning during the Tribunal - they are not going to reduce your award. You would either win, or you would continue to receive the amount you have been awarded as per the decision you were appealing. If you receive a pre-warning, they give you the opportunity to withdraw your appeal and you would continue to receive the award you were appealing against. So I reiterate - financially, you have nothing to lose by doing the appeal.
You can ask the Tribunal Service if you can swap to a paper-based decision if you want. However, it is the panel who have to agree and sometimes they insist on seeing a claimant. The figures for paper-based decisions are not as good as those made at the Tribunal - this is because the panel doesn't have the chance to clarify anything they don't understand from the papers.
If you want to withdraw, it is the Tribunal Service that you need to inform. (It is not the DWP).
BIS
If you do not receive a pre-warning during the Tribunal - they are not going to reduce your award. You would either win, or you would continue to receive the amount you have been awarded as per the decision you were appealing. If you receive a pre-warning, they give you the opportunity to withdraw your appeal and you would continue to receive the award you were appealing against. So I reiterate - financially, you have nothing to lose by doing the appeal.
You can ask the Tribunal Service if you can swap to a paper-based decision if you want. However, it is the panel who have to agree and sometimes they insist on seeing a claimant. The figures for paper-based decisions are not as good as those made at the Tribunal - this is because the panel doesn't have the chance to clarify anything they don't understand from the papers.
If you want to withdraw, it is the Tribunal Service that you need to inform. (It is not the DWP).
BIS
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- LL26
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1 day 22 hours ago #314439 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Withdrawing PIP appeal
Hi papasmurfyogi,
Two recent cases might of interest to you.
caselaw.nationalarchives.gov.uk/ukut/aac/2025/307
www.gov.uk/administrative-appeals-tribun...ns-2024-ukut-381-aac
I hope this helps.
LL26
Two recent cases might of interest to you.
caselaw.nationalarchives.gov.uk/ukut/aac/2025/307
www.gov.uk/administrative-appeals-tribun...ns-2024-ukut-381-aac
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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