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Correction made to Successful PIP Tribunal Judgement

AnnCatAnnCat Member Posts: 1 Listener
This is very last minute as if I should ask for a Statement of Reasons it needs to be today! I won my appeal on Mobility Descriptor 1 that 1f applied to me on the basis that it is a physical problem I have as a result of several outside stimuli. This will happen with my walking sticks however if I have a human companion to hold their arm I can manage. I received a letter saying that the Tribunal was asked by Secretary of State i.e. DWP to make a correction that I should have been awarded under Mobility 2 descriptor 2f. I wrote to pint out that entire Tribunal discussion cantered on 1f . There was a representative from DWP also there and he agreed with the decision on the day. I also pointed out that corrections were supposed to be for slips of the pen. I received a response following a review by another Judge to say correction stands and ( in effect) why was I concerned as the outcome was the same i.e. 12 points. It was also made clear if I ask for Statement of Reasons I am opening up the door for the DWP to take case to the UTT. My concern is that while on more than 50% of the occasions I will have the physical response that stops me for example crossing a road I can then do so if I take someone's arm. I do have difficulty walking even aided however I can walk more than 1 metre especially if I have someone with me. Is there any point asking for SoR or do I just accept that because the rigidity can happen I therefore fit in to 2f? Award was made for indeterminate timescale. Advice from anyone who has the Tribunal experience or experience of a similar correction. I have no problem arguing a case at Tribunal but really life is too short to be constantly looking at this.
thanks


Replies

  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    I don't see what you could gain by further involvement @AnnCat .

    "It was also made clear if I ask for Statement of Reasons I am opening up the door for the DWP to take case to the UTT."
    That's totally untrue. Appeals upwards can only be made for errors of law. However, it does not hurt you so I'd let it pass. Keep the letter that said that though.

    You have had an award now with an indefinite term and neither side can appeal its findings because they don't like it.

    I would enjoy the peace away from the DWP and their contractors. If at some point in the future you get significantly worse then you can go back to the DWP. It would then start all over again and end up with submissions to the court from both sides.

    Archive all your papers and consider it a job well done. Congrats :)
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi AnnCat,

    In my opinion you should definitely leave it as it is. It doesn't really matter whether you have been awarded 12 points on 1f or 2f - it's the same outcome!
    If you ask for a statement of reasons, a copy will also be sent to the DWP, who could (although unlikely) try to pick out any errors in law that they be present, and if they are successful in doing this you'll have to go back to tribunal and fight all over again as the decision, in effect, will have been cancelled. There really is absolutely nothing to gain from you pursuing this, and potentially something to lose.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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