Warning that appeal could lose existing award

pennygates

I was awarded standard rate PIP daily living and at MR, given ten points for Mobility. Welfare Rights have looked at it and have said that in their opinion my long term mental health problems were totally ignored and good medical evidence not taken into account. The questions were given 0 points for every aspect of daily living with regard to mental health. However i thought i was lucky to get the extra money in MR. The appeal process has started and I am worried that I might lose everything at the appeal. Welfare Rights have said that 10 points awarded in Daily Living and 10 points in Mobility shows a solid case. But I don't want to lose my existing award. WR have said that I can withdraw at any time even on the day of the appeal, and would be warned by the Tribunal if they thought it was for the best. Is this true? Does anybody know this process well enough to answer that? I have several conditions which affect my daily living, Severe osteoarthritis, ME, Bipolar Disorder, and severe restless legs, fibromyalgia.I realise pip is a world away from DLA, and that I'm very lucky to have got an award. Do the tribunal give an indication that it is better to withdraw. I do believe that W Rights are technically probably right and that i could possibly achieve a higher award, but is it too risky?

Matilda

@pennygates

Below is the reply I received from BenefitsTrainingCo to my question: if tribunals are minded to lower or withdraw awards already made, do they always give the claimant an opportunity to withdraw their appeal and keep their existing award?

"BenefitsTrainingCo said:

No. Often they do give appellants chance to withdraw, but if they think the present award is plainly incorrect they will simply change it, and this is binding. This happens quite frequently and I always therefore advise appellants to proceed with caution where an existing award may be under threat."

I am awaiting a tribunal hearing.  I was award 11 points for daily living and 10 points for mobility.  It would be perverse of a tribunal to remove my existing award as:

I have had a degenerative condition (rheumatoid arthritis) known to cause disability for nearly 30 years (RA never improves over the long term):

I was on DLA highest rates for about 18 years;

I was examined by a doctor (not just by an Atos paramedic!) when I first claimed DLA.

Nevertheless, as only death and taxes are certain in this life, I cannot be 100% certain that a tribunal wouldn't remove my existing award without warning!  But, I am reasonably confident that I will at least keep my current award so, at present, am going ahead with my appeal.  65% of appeals are successful.

Claimants can withdraw their appeal without explanation at any time before the hearing - but they have to have the permission of the tribunal to withdraw their appeal at the hearing itself.

You could ask for more advice on appeals in the Ask a benefits advisor category on this forum.

pennygates

Thank you for your information. I'm afraid my notifications is off and i cannot change it for some reason. Sorry for that. Every day you hear something that is just plain wrong and realise it could be you. I'm so grateful for what I have. It seems that right now PIP is a bit of a lottery which is a worry. I'm still uncertain about it all.

janice_in_wonderland

They took all of mine away so I have nothing to lose although the stress affects health somewhat even more so 

pennygates

I'm very sorry to hear that. How awful. Yes, you have nothing to lose so go for it. It doesn't help with all the extra stress, but it is a dreadful system. It isn't personal, although it feels like it. Good luck with the Appeal.

UKDJ

pennygates said:

... It isn't personal...

Hi pennygates - I disagree with your belief that it isn't personal!!!

This extremist, Right-wing, psychopathic Government is waging a war on the most vulnerable, easy targets in society (children AND the disabled) - it is a 'personal' war against each and every disabled person in the country - just so they can give 'tax breaks' to the wealthiest people in society...

pennygates

Fair enough, I get your point. I think it is important to try to maintain some stability when dealing with faceless bureaucrats. The system has to be fought and the questions have to be answered well to put across how illness affects your daily life. I have suffered quite badly from the system in the past. I coped by trying to deal with things by not getting upset and annoyed, as it made me feel much worse, and focussing on what I needed to do, and trying not to get too depressed by the 'Government waging a war 'on people like me, (Im disabled too). In my view this is caused by apathy of the voting public allowing the people in power to stay there instead of fighting to get them out.

sue66

Hubby got standard for both living and mobilty for RA, ok they said he could walk more than 50 meters which was totaly untrue, he wrote on form and Said no more  than 10 without severe pain.But he isn't asking for a re decision as he considers himself lucky to get anything at all.  Dont want to risk losing what he has.  

janice_in_wonderland

If assessors lie it will only encourage even more lies bc they're NOT setting an example, all they are doing is causing even more hardship for the most vulnerable people in society that deserve support instead of criticism for their limitations 

Emotional detachment from feeling robbed from an income that isn't as much as some may think is a challenge at the best of time... assessors are so detached from those being interviewed they breach human rights 

I hope I never meet the assessor who wrote such incredibly incorrect information about me 

Its humiliating for anyone to feel as though they're begging for their entitlement to cope with to day life 

It's disturbing that claimants are scared of risking losing even more money! 

Its isolating people with disabilities...

pennygates

Totally understand that. The risk is too high and the stress. Think I will do the same despite knowing that is exactly what the DWP want.