Pip appeal

janney64

i was on disability living allowance for like then had to appeal for pip. I got the lower rate mobility and lower rate care. I have appealed about the lower rate mobility but am happy with the care. After tribunal they asked for consent form to be signed from doctors. They also said they have power to reduce or remove award, and existing award may be at risk. Has anyone else gone through this.

poppy123456

Hi,
Yes, they will look at the whole award and not just part of it, so you do risk losing everything you have. It could also stay the same, or be increased.

With Tribunal, they will also look at the whole award BUT if they do plan on reducing your existing award then they MUST inform about this before the Tribunal Hearing. Good luck.

Matilda

I was told by a benefits advisor solicitor in Ask a benefits advisor that, while at hearings tribunals usually do give the appellant an opportunity to withdraw their appeal if they are thinking of withdrawing or lowering the award, they are not obliged to do so.  One member of the forum reported that at his daughter's hearing they were not given an opportunity to withdraw and the tribunal removed the standard award both elements.

I have not heard of tribunals giving appellants an opportunity to withdraw before the hearing.  I don't know whether this happens or not.  Of course, appellants themselves can withdraw their appeal at any time right up to the day of the hearing.

If you think your current award is safe then it's worth appealing.  I already had standard both elements which the tribunal increased to enhanced both elements.  Every case is different of course but 65% of tribunal appeals succeed.

BenefitsTrainingCo

janney64,

It is ALWAYS a risk, if you already have an award of PIP and you are trying to increase it, that the DWP or a tribunal might decide to make further changes and you could end up losing what you already have. However, when it comes to a tribunal, the overriding objective is to be fair and just - and reducing your award without giving you a chance to argue against that almost certainly wouldn't be fair and just.

If a tribunal is going to consider both your components, or consider whether to give you a lower rate than the award you've got, it must give you some sort of notice of this and a chance to prepare your case properly - if it's not possible to do this there and then, you might ask to adjourn if you need time or want to consult someone. There is lots of case law on this point. The principle is that you should get a chance to think about and respond to anything which has changed in the case under consideration. That doesn't necessarily mean you will be given a opportunity to withdraw, but you can always ask to do so.

If you are not given sufficient chance to explain why you should keep your existing award, then there may be an error of law in the tribunal going ahead & looking at it. It will all depend on the circumstances. 

The other point is that the tribunal would have to have grounds (reasons) for reducing your award, and would have to explain what these were. So as Matilda points out, with the high rate of success at PIP tribunals, it's relatively unlikely that things could get worse. 

Good luck!

Will