Tribunal award

madd64
madd64 Online Community Member Posts: 2 Listener
in PIP, DLA, ADP & AA
My friend has just been reassessed and they have reduced his award despite him having a tribunal ruling 3 years ago awarding him it for 10 years can they legally do this as I was told they would have to provide evidence that he has actually improved 

Comments

  • bg844
    bg844 Online Community Member Posts: 3,928 Championing
    PIP can re-assess you at any time, yes. Very unlikely they would before your award is actually due for renewal in most instances but it can happen. Just to check, did your friend make a change of circumstances and subsequently sent a review form? He will need to submit a Mandatory Reconsideration within one calendar month explaining why he disagrees with the decision.
  • madd64
    madd64 Online Community Member Posts: 2 Listener
    bg844 said:
    PIP can re-assess you at any time, yes. Very unlikely they would before your award is actually due for renewal in most instances but it can happen. Just to check, did your friend make a change of circumstances and subsequently sent a review form? He will need to submit a Mandatory Reconsideration within one calendar month explaining why he disagrees with the decision.
    No he had no changes the review came out of nowhere they were informed that nothing had changed, the main point I'm looming fir clarification on is I don't believe they can overturn the tribunal decision without providing actual evidence of how he's supposedly improved not just by a reassessment 
  • bg844
    bg844 Online Community Member Posts: 3,928 Championing
    edited July 2023
    madd64 said:
    the main point I'm looming fir clarification on is I don't believe they can overturn the tribunal decision without providing actual evidence of how he's supposedly improved not just by a reassessment 
    Unfortunately, that’s not the way PIP works. You can be re-assessed at any time and even though he was awarded by Tribunal, it doesn’t matter in terms of a new decision being made. Normally someone who takes PIP to Tribunal doesn’t receive a review form and has to apply as a new claim when that award is up so I’m not sure what has happened in that aspect.

    He will need to do a Mandatory Reconsideration for the new award (success rates for this are low but is still achievable), after this it will be Tribunal again.

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