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Pip tribunal win

jadeyy

Hello I applied for pip & was awarded 6 points for daily living. No further points were given at the mandatory reconsideration stage, so I made an appeal to the court. I had a tribunal telephone hearing recently which was successful & I was given 4 extra points by the judge for the daily living section, I also got standard rate mobility

I submitted more evidence 2 weeks before the hearing. During the hearing the judge said DWP think I should receive some points which will mean il get the standard daily living component, he asked if I'm ok with 4 extra points, which I said yes to, no other questions regarding the daily living section were asked. Although a representative from DWP wasn't present at the hearing.

After the hearing ended I checked the post and the following further evidence was submitted by DWP a few days before the hearing, but I never got a chance to read this before the hearing. It says:

"Having reviewed the new evidence plus the evidence in the bundle I consider (appellant) needs prompting to engage with others giving 2 points for daily living.

Whilst the secretary of state considers that the evidence supports a higher award, we are still not able to give the maximum award which would have allowed us to lapse the appeal. The option of doing a partial revision has not been considered because the hearing date is imminent and there wasn't enough time to discuss this option with the appellant. The decision under appeal hasn't been changed in line with the best practice put in place consequent on the K judicial review 2021."

Does this mean DWP think I should have got the high rate for daily living? Could I get an extra 2points daily living if I appealed the decision to an upper tribunal on the grounds that I never had a chance to read DWP's letter before the hearing took place?

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Comments

Trevor_PIP

@jadeyy well done on a successful tribunal. From your unread letter, the DWP were awarding you Standard Rate Daily Living and you received that at the tribunal.

I would get some professional advice, but it reads that all your evidence supports a higher award but the maximum award could not be given. You may have a case for a higher award.

To appeal to the upper tribunal, there has to be an error of law in the decision from the first tribunal.

You need to get some professional advice.

chiarieds

Hi @jadeyy - & congratulations on your tribunal win!

From what was said at the Tribunal, & what you read following the Tribunal, then the Tribunal were aware that the DWP considered you should have a further 2 points which meant you'd get the standard rate for the daily living component, tho the tribunal went further in instead giving 4 points.

I therefore can't see that that meant anything other that the DWP had reconsidered & thought the standard rate for this component was appropriate. So, it wasn't really a 'higher' award as you hadn't been awarded anything, rather the DWP were willing to add 2 more points which would mean you would have an award.

If the DWP had contacted you before the Tribunal, & you'd accepted their offer (which is often less/for a shorter time than they think the claimant would get at a first tier tribunal), then previously claimants had been told that their appeal would lapse/stop if they agreed they wouldn't then continue with their appeal.

This was challenged in a case concerning a claimant known as 'K,' hence the reference to this judicial review in 2021. (You now can agree, then still continue to an appeal later).

You can't appeal to an Upper Tribunal unless an error in law is found which isn't anything to do with the DWP at that stage, & the Tribunal made you aware that the DWP thought you should be awarded the standard rate for the daily living component.

It's perhaps good that the tribunal then had the time to look at the mobility component & you were awarded the standard rate for that too.

chiarieds

Whilst I agree wholeheartedly with @Trevor_PIP in that an error in law has to be found in order to appeal to an Upper Tribunal, & tho these can often be found, unless there are grounds for increasing an award then it's pointless, & whilst appreciating his optimism, I disagree that we can know, ''that all your evidence supports a higher award.''

I think the DWP were just trying to explain to the Tribunal as to what they'd considered shortly before your appeal, which your tribunal took on board.

Sorry I just noticed his response after posting mine.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1029110#Comment_1029110

Points taken on what you have said within your posts. After reading your posts, then reading Jadeyy's post again, I can see now what you are saying. I misread it like Jadeyy possibly has. Yes, now reading it again in it's entirety I agree, Jadeyy has got the right award. The way the DWP has written it is misleading but the higher award is the extra two points given to Judeyy for Standard Rate, but still not able to give the maximum award (Enhanced).

Thanks for pointing it out.

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