PIP, DLA and AA
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Mobility of Pip

bevesbeves Member Posts: 13 Connected
edited January 2018 in PIP, DLA and AA
Hi, I have just put in an appeal to HMCTS as for 12 years I was awarded high rate with DLA and now with pip its been reduced to the standard rate and I will loose my car, CAB have told me that if I carry on with the appeal I could loose all of it which includes standard rate for living, which I've never had before,To me this seems like a threat from the DWP that if I challenge their decision they might take the lot off me ,it seems as if they make the rules up to suit themselves,  never mind how many lives they distroy in the process, has anyone got any info on this. beves.

Replies

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi Beves
    The tribunal service is completely independent from the DWP,they will look at the evidence in front of them,both yours and the assessors report.You will be asked a number of questions regarding your claim and be given an opportunity to put your case to them.
    They will make their decision on the information presented that day.
    The tribunal alone will decide on a ruling and if they feel your case is not strong enough they can lower your award.
    Remember to send all your evidence even if it seems insignificant.Make sure you have someone with you for support and keep a diary beforehand noting down all difficulties you have.
    Good luck.Debsidoo.

  • mikehughescqmikehughescq Member Posts: 5,995 Disability Gamechanger
    There's no threat here. Just poorly phrased or understood statements. 

    So, whenever you challenge a benefit decision you can in theory lose money as well as stay the same or increase your money. The question is really whether or not there is a realistic prospect of that happening or whether the risk is in fact minimal. Knowing that will better inform your decision on whether to proceed or not. 

    So, your questions to your adviser at Citizens Advice needs to be around what points they think you score on; why, and what supporting evidence you have. Are the suggested points clear cut or are they marginal? 

    Your appeal should have specified that you want only the mobility element of PIP to be under consideration. If it does not then it needs amending urgently. The tribunal could then still look at daily living but only if you put something into evidence which suggests there has been a change or an inaccuracy on that element. 
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