PIP, DLA and AA
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Refused on MR

Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
Hello all , I was still refused my motability component, despite letters from my specialist. I have requested an appeal at a tribunal. I am now worried because I am hearing of many people losing the award they already have . Is it possible to cancel the tribunal? I feel stupid but cannot afford to lose the award I already have . Has anyone found that they have lost their award at the tribunal? Thanks Jayne 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    If a tribunal panel is thinking of withdrawing the award you already have, almost certainly they'll ask if you want to withdraw your appeal.  If you say yes, then you'll keep the award you already have.
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Thank you Matilda , it’s just that I have heard that you can lose the award you have , the whole system has been changed beyond recognition. I will let you know how I get on
  • Tigermoth42Tigermoth42 Member Posts: 242 Pioneering
    Hi @Jaytbm1, I read the same thing that @Matilda mentions. If it looks as if they’re going to withdraw the award altogether, the judge gives you the opportunity to stop proceedings and you remain on the pre-appeal level. Hope this helps and good luck with your appeal, please keep us posted, I’m going through the same thing so you have my sympathies x
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Thank you Tigermoth42 , I will let you know how I get on . Good luck to you. It really is a nightmare
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Matilda is correct. If the Tribunal plan on lower and removing an existing award they must let you know before they do this. This will then you give the chance to cancel the Tribunal and keep the award you already have.

    This means that you have nothing to lose by taking it to the Tribunal. Appearing in person will give you the best chance.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
     Thank you Poppy123456 , it really is a worry. I will let you know how I get on 
  • heyyouitsmeheyyouitsme Member Posts: 33 Connected
    How did you get on? X
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    @heyyouitsme, I have sent in my appeal. They have said it could be anything from 6 months to a year . I am still unsure about appealing but have time to think about it . 
  • heyyouitsmeheyyouitsme Member Posts: 33 Connected
    I’m sending mines away on Monday I was offered standard and standard but my mental health wasn’t taken into account so hoping as I now have the proof and can prove the assessor wrong with 3 other professional opinions I’ll be successful with my MR but... I won’t be surprised if it goes to a tribunal which terrifies me but you need to remember... if you believe you are entitled to those extra points you need to fight for what’s rightly yours. My mental health I would say is worse than my physical pain and got awarded no points at all for it so I’m going to appeal if it comes to it. I hope you hear soon xx
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Good luck, hope you get it reconsidered and don’t have to go to the appeal stage . No points!!!!! I will never understand how this new system works. Xxxx
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    My experience may not be relevant as it was for DLA but this is what happened to me.

    My third attempt was made with the help of someone working for DWP. He was very good and put in things I would never have thought of and hadn't been suggested by the help I got by the first two attempts. However, all I got awarded was low rate care and nothing for mobility which was ridiculous considering my situation at the time. When I appealed I got a judge who was awful. Having accused me of only applying so I could get a free car she promptly took away the small award I had been given so I had nothing. I was not asked if I wanted to keep it. Within a week I asked for a statement of reasons. This was supposed to be supplied in 12 weeks but in fact it took the woman 7 months to supply it. Evidently there is no recourse to penalise such bad processing. Once I read it I talked to the woman from the CAB who had helped me with the appeal. Initially she was uncertain about further action but tbh the statement was complete rubbish and full of half truths and misinterpretations of my situations. I was so convinced about it's lack of validity she showed it to a friend who was a barrister. He agreed with me completely giving legal jargon to explain what I had said. The process was then to send it to the Clerk to the High Court to decide whether the High Court would allow an appeal who I would then have to sit in front of and go through it again. However, he realised that the statement had almost no validity in law and that most of it was fabricated. Without going before the High Court itself he decided for them, immediately awarded me another appeal with the same court I had been to and barred any of the people who had made such an atrocious decision from being involved. Soon afterwards I went through the appeal and was awarded high rate mobility and medium rate care backdated to the date of my application. There was also no hassle when I appeared before them, in fact they were very thoughtful and nice to me for having been treated so badly. Initially it was only a 2 year award as I was expecting a PIP assessment but when that got put back and put back the award was made permanent and all THAT took was a telephone call.

    I'm not sure this is all the same with PIP but all I can say is that if you really are a deserving case then persevere because I am sure it will work out ok in the end.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    @Topkitten , What a terrible ordeal. Glad you got sorted in the end . Can I clarify then that the Judge didn’t give you any warning that they would stop the small payment you had already been awarded? Some people have said that they tell you before the appeal goes ahead. It’s such a worry , horrendous when you are ill anyway, having to continually go through the process. Xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Topkitten's ordeal was for DLA and PIP is totally different. Tribunals now have to tell claimants if they plan on lowering or taking away and existing award. As i previously stated, there's no risks when going to tribunal.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    A BenefitsTrainingCo solicitor posted over a year ago that PIP tribunals are not obliged to warn appellants that they want to reduce or remove their current award, thus giving them an opportunity to withdraw and keep their current award.  However, I understand that in practice judges usually do give people an opportunity to withdraw their appeal.
  • Jaytbm1Jaytbm1 Member Posts: 72 Pioneering
    Thanks @Matilda , it’s good to know but like everything in life I suppose. It’s a risk you take . Xx
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