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PIP Appeal – Award Length
- Agis
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5 days 6 hours ago #315380 by Agis
PIP Appeal – Award Length was created by Agis
I have autism and ADHD, and I am transgender. I currently have a 5-year PIP award. I requested a Mandatory Reconsideration, but the decision was not changed and the length of my award was not increased.
I am now considering appealing to the tribunal, mainly because of the length of the award.
My medical evidence describes my conditions and functional difficulties as long-term, and some of them are lifelong. My evidence also specifically states that my conditions are unlikely to improve. Because of this, I am questioning why I was given a fixed 5-year award rather than a longer or ongoing award.
I am also unsure whether my evidence supports any additional PIP points. I would therefore appreciate an opinion on whether, based on my current points, conditions and evidence, there are any specific PIP descriptors that I could realistically challenge.
There is also an issue with additional evidence. I had a further supporting medical letter that I wanted to submit during the Mandatory Reconsideration, but I was told that I could not submit additional evidence at that stage. This meant that the MR decision was made without that letter being considered. I would like to know whether I should now submit this letter to the tribunal and whether it could strengthen my appeal.
My main questions are:
- Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points?
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award?
- What evidence is most important when arguing for a longer or ongoing PIP award?
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration?
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award?
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this?
I only have a couple of days left to submit an appeal, so I need to make a decision quickly.
PIP reviews are also extremely stressful for me because of my disabilities. Given that my evidence specifically states that my conditions are unlikely to improve, I would particularly appreciate an opinion on whether challenging the 5-year award length is realistic and what evidence would make that part of my appeal strongest.
I am now considering appealing to the tribunal, mainly because of the length of the award.
My medical evidence describes my conditions and functional difficulties as long-term, and some of them are lifelong. My evidence also specifically states that my conditions are unlikely to improve. Because of this, I am questioning why I was given a fixed 5-year award rather than a longer or ongoing award.
I am also unsure whether my evidence supports any additional PIP points. I would therefore appreciate an opinion on whether, based on my current points, conditions and evidence, there are any specific PIP descriptors that I could realistically challenge.
There is also an issue with additional evidence. I had a further supporting medical letter that I wanted to submit during the Mandatory Reconsideration, but I was told that I could not submit additional evidence at that stage. This meant that the MR decision was made without that letter being considered. I would like to know whether I should now submit this letter to the tribunal and whether it could strengthen my appeal.
My main questions are:
- Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points?
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award?
- What evidence is most important when arguing for a longer or ongoing PIP award?
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration?
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award?
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this?
I only have a couple of days left to submit an appeal, so I need to make a decision quickly.
PIP reviews are also extremely stressful for me because of my disabilities. Given that my evidence specifically states that my conditions are unlikely to improve, I would particularly appreciate an opinion on whether challenging the 5-year award length is realistic and what evidence would make that part of my appeal strongest.
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- BIS
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3 days 14 hours ago #315398 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal – Award Length
Hi Agis
- "Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?" The Tribunal panel will certainly consider it and they have the right to lengthen your award. It will depend on their opinion of your evidence.
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points? Impossible for me to answer in that I don't know what you were awarded in the first place or on what basis they made their decisions for each question.
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award? If the Tribunal thought you should be awarded less than you already have - they will tell you so and then give you the opportunity to withdraw your appeal - in which case your award would stand as it does today.
- What evidence is most important when arguing for a longer or ongoing PIP award? I can't tell you which evidence is most important. You say that you have evidence that points to lifelong conditions and evidence that says some conditions will never show improvement. So you point the Tribunal to any and all evidence you have to make your point.
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration? Yes, you should submit any additional evidence that is relevant, including the medical letter.
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award? Proof of some kind is important, although there are instances where people don't appear to have any written proof but their awards are extended because the Tribunal have the knowledge of the claimant's particular conditions and understand that they are lifelong.
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this? There are no conditions where claimants automatically receive longer or ongoing awards because of their condition, except for those who have been diagnosed with terminal cancer and have less than six months to live. Everyone is looked at as an individual which is why it is quite possible for two people who have been diagnosed with the same condition receive quite different PIP awards because their circumstances, severity of the condition and the impact on their daily life and/or mobility will vary.
Hope this helps
BIS
- "Do I have a realistic case for arguing that my PIP award should be longer than 5 years, given that my evidence states that my conditions are unlikely to improve?" The Tribunal panel will certainly consider it and they have the right to lengthen your award. It will depend on their opinion of your evidence.
- Are there any specific PIP descriptors where my existing evidence could realistically support additional points? Impossible for me to answer in that I don't know what you were awarded in the first place or on what basis they made their decisions for each question.
- If I appeal mainly about the length of the award, could the tribunal reconsider and reduce my existing points or award? If the Tribunal thought you should be awarded less than you already have - they will tell you so and then give you the opportunity to withdraw your appeal - in which case your award would stand as it does today.
- What evidence is most important when arguing for a longer or ongoing PIP award? I can't tell you which evidence is most important. You say that you have evidence that points to lifelong conditions and evidence that says some conditions will never show improvement. So you point the Tribunal to any and all evidence you have to make your point.
- Should I submit the additional medical letter that DWP did not allow me to submit during the Mandatory Reconsideration? Yes, you should submit any additional evidence that is relevant, including the medical letter.
- How important is medical evidence stating that a person's conditions are lifelong or unlikely to improve when deciding the appropriate length of a PIP award? Proof of some kind is important, although there are instances where people don't appear to have any written proof but their awards are extended because the Tribunal have the knowledge of the claimant's particular conditions and understand that they are lifelong.
- Do autistic people with lifelong functional difficulties receive longer or ongoing PIP awards, and what type of evidence usually supports this? There are no conditions where claimants automatically receive longer or ongoing awards because of their condition, except for those who have been diagnosed with terminal cancer and have less than six months to live. Everyone is looked at as an individual which is why it is quite possible for two people who have been diagnosed with the same condition receive quite different PIP awards because their circumstances, severity of the condition and the impact on their daily life and/or mobility will vary.
Hope this helps
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Agis
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3 days 1 hour ago #315415 by Agis
Replied by Agis on topic PIP Appeal – Award Length
Dear BIS,
Thank you for replying to my post and for your thorough response.
Deep down I feel I deserve a longer award. Some people have had their award length increased just through MR. I tried MR and they did not increase mine. It feels unfair to me that some people received 10-year awards through MR, while mine remained at 5 years. I am grateful for the award, but my conditions are lifelong and reassessments cause me significant stress.
My main question is whether appealing only the length of a 5-year PIP award is worth the risk and effort. If I appeal only the award length, can the tribunal still reconsider or reduce my existing points or award?
My biggest fear is that I could appeal only the length and somehow end up losing the award altogether. Is that a realistic risk in practice?
You said that if the tribunal was considering reducing my award, I would be warned and given an opportunity to withdraw. I am confused about how this would work in practice. For example, if the tribunal reviewed my case and thought one of my existing descriptors had been awarded too highly, would they have to write to me first explaining exactly what they were considering reducing, give me time to respond, and allow me to withdraw before making that decision? Would the same apply if they were considering removing the award altogether? Would this also apply if I requested a paper-based appeal?
Because of my conditions I do not think I could manage sitting in front of a panel, a telephone hearing or a video hearing. Can I request a paper-based tribunal, and how would that work in practice?
One of the reasons I wanted to challenge the decision was that there was a letter I wanted them to consider at MR stage, and I know it was not looked at. I am now not sure whether I still have a copy of that letter. Does the fact that relevant evidence was not considered at MR strengthen the case for appealing? If I find the letter, can I submit the appeal now and send it later? And if I cannot find it, would that significantly weaken an appeal about the award length?
I would also like to understand what evidence is strongest for arguing that a 5-year award should have been longer or ongoing.
I am worried about how possible future improvement would be viewed. I am due to start ADHD treatment, and my weight is also reducing, although my mobility award was not based solely on my weight. Could these factors be used to justify a shorter award even where my underlying conditions and other functional difficulties remain long-term?
My current living circumstances are also extremely difficult. I am dealing with ongoing harassment and violence-related safety concerns in my housing situation, which has repeatedly displaced me from my home and caused significant stress, exhaustion and disruption. At the same time, I am also dealing with conflict and uncertainty around my CMHT care. All of this is affecting my ability to gather evidence, think clearly about the appeal and make this decision within the deadline.
I only have a few more days to decide whether to appeal. If I submit the appeal before the deadline, can I provide further evidence afterwards? If I miss the one-month deadline because I am exhausted and trying to obtain evidence, how are late appeals normally treated?
I would really appreciate your view on whether appealing the 5-year award length is worth pursuing in these circumstances.
Thank you for replying to my post and for your thorough response.
Deep down I feel I deserve a longer award. Some people have had their award length increased just through MR. I tried MR and they did not increase mine. It feels unfair to me that some people received 10-year awards through MR, while mine remained at 5 years. I am grateful for the award, but my conditions are lifelong and reassessments cause me significant stress.
My main question is whether appealing only the length of a 5-year PIP award is worth the risk and effort. If I appeal only the award length, can the tribunal still reconsider or reduce my existing points or award?
My biggest fear is that I could appeal only the length and somehow end up losing the award altogether. Is that a realistic risk in practice?
You said that if the tribunal was considering reducing my award, I would be warned and given an opportunity to withdraw. I am confused about how this would work in practice. For example, if the tribunal reviewed my case and thought one of my existing descriptors had been awarded too highly, would they have to write to me first explaining exactly what they were considering reducing, give me time to respond, and allow me to withdraw before making that decision? Would the same apply if they were considering removing the award altogether? Would this also apply if I requested a paper-based appeal?
Because of my conditions I do not think I could manage sitting in front of a panel, a telephone hearing or a video hearing. Can I request a paper-based tribunal, and how would that work in practice?
One of the reasons I wanted to challenge the decision was that there was a letter I wanted them to consider at MR stage, and I know it was not looked at. I am now not sure whether I still have a copy of that letter. Does the fact that relevant evidence was not considered at MR strengthen the case for appealing? If I find the letter, can I submit the appeal now and send it later? And if I cannot find it, would that significantly weaken an appeal about the award length?
I would also like to understand what evidence is strongest for arguing that a 5-year award should have been longer or ongoing.
I am worried about how possible future improvement would be viewed. I am due to start ADHD treatment, and my weight is also reducing, although my mobility award was not based solely on my weight. Could these factors be used to justify a shorter award even where my underlying conditions and other functional difficulties remain long-term?
My current living circumstances are also extremely difficult. I am dealing with ongoing harassment and violence-related safety concerns in my housing situation, which has repeatedly displaced me from my home and caused significant stress, exhaustion and disruption. At the same time, I am also dealing with conflict and uncertainty around my CMHT care. All of this is affecting my ability to gather evidence, think clearly about the appeal and make this decision within the deadline.
I only have a few more days to decide whether to appeal. If I submit the appeal before the deadline, can I provide further evidence afterwards? If I miss the one-month deadline because I am exhausted and trying to obtain evidence, how are late appeals normally treated?
I would really appreciate your view on whether appealing the 5-year award length is worth pursuing in these circumstances.
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1 day 7 hours ago #315432 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal – Award Length
Hi Agis
I know you would like me to give you a definitive answer here, but I can't and this is something you will have to decide yourself.
I know you are upset because you didn't win at the MR stage. Only 27% of people have their award decisions overturned at the MR stage - so as hard as it is, you are in the majority. Many people with lifelong conditions do not get offered ten-year fixed or ongoing awards. I'm not saying that's right - unfortunately it is just a fact, and often it is not clear why.
You have mentioned that you are due to start some treatment for your ADHD and that your weight has been reducing. I have no idea whether these two issues affected their decision this time around but it does appear that, in many cases, the decision makers (who are not medical professionals) take the view that a shorter award length is justified if people are embarking on treatment because there might be some areas of improvement. Likewise, if something has changed like weight loss and a person might continue to lose more weight and possibly have improved mobility, they will want to review the claimant at a shorter timescale to see if anything has changed.
I can't tell you what the strongest argument is for you to make to the tribunal. Clearly you will emphasise the issues that have the greatest impact on your life and why they are not going to improve. You can argue that you find assessments distressing, but that applies to everyone, so if you are making that argument, you need to show why it causes you overwhelming psychological distress to be assessed.
You are entitled to ask for a paper-based tribunal - but the Tribunal panel can insist that you attend, and sometimes they do. Having a paper-based decision has less chance of success, but obviously a lot of people choose this option because of the stress of attending.
If you are just trying to ask for a longer award length, they are not going to be considering any other issues, so your award is not at risk.
If you want them to consider other points, that is when they sometimes say to people they are going to recommend a lower award, and then people are given the chance to withdraw and then their award stays where it is. So you have nothing to lose.
You can put in for an appeal. You can submit any paperwork up to two weeks before the Tribunal takes place, so you can send in your missing letter later.
BIS
I know you would like me to give you a definitive answer here, but I can't and this is something you will have to decide yourself.
I know you are upset because you didn't win at the MR stage. Only 27% of people have their award decisions overturned at the MR stage - so as hard as it is, you are in the majority. Many people with lifelong conditions do not get offered ten-year fixed or ongoing awards. I'm not saying that's right - unfortunately it is just a fact, and often it is not clear why.
You have mentioned that you are due to start some treatment for your ADHD and that your weight has been reducing. I have no idea whether these two issues affected their decision this time around but it does appear that, in many cases, the decision makers (who are not medical professionals) take the view that a shorter award length is justified if people are embarking on treatment because there might be some areas of improvement. Likewise, if something has changed like weight loss and a person might continue to lose more weight and possibly have improved mobility, they will want to review the claimant at a shorter timescale to see if anything has changed.
I can't tell you what the strongest argument is for you to make to the tribunal. Clearly you will emphasise the issues that have the greatest impact on your life and why they are not going to improve. You can argue that you find assessments distressing, but that applies to everyone, so if you are making that argument, you need to show why it causes you overwhelming psychological distress to be assessed.
You are entitled to ask for a paper-based tribunal - but the Tribunal panel can insist that you attend, and sometimes they do. Having a paper-based decision has less chance of success, but obviously a lot of people choose this option because of the stress of attending.
If you are just trying to ask for a longer award length, they are not going to be considering any other issues, so your award is not at risk.
If you want them to consider other points, that is when they sometimes say to people they are going to recommend a lower award, and then people are given the chance to withdraw and then their award stays where it is. So you have nothing to lose.
You can put in for an appeal. You can submit any paperwork up to two weeks before the Tribunal takes place, so you can send in your missing letter later.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ANGELA
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14 hours 35 minutes ago #315449 by ANGELA
Replied by ANGELA on topic PIP Appeal – Award Length
Morning. My conditions are all lifelong. Since 2010 I have had two DLA Awards, three PIP Awards. and am due another PIP reassessment before May.
It will be a complete waste of effort to expect or ask for a lifelong award.
It will be a complete waste of effort to expect or ask for a lifelong award.
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