(PIP) Will the tribunal consider only certain parts if you specifically request it? — Scope | Disability forum
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(PIP) Will the tribunal consider only certain parts if you specifically request it?

Spencer_Mansion
Spencer_Mansion Member Posts: 8 Listener
I remember reading somewhere that you can ask the tribunal to limit their review to certain specific sections during the appeal if you specifically request it. Unfortunately I can't remember where I read this, and I can only find people mentioning that they always review the whole of the decision, so if anybody can shed any light on this, it would be much appreciated, and useful for others as well.
Thank you.

Comments

  • Spencer_Mansion
    Spencer_Mansion Member Posts: 8 Listener
    This was posted twice due to an error by Cloudflare. How do I delete a post?
  • lindadenise
    lindadenise Member Posts: 302 Pioneering
    Hi yes when i had my Tribunal the judge asked if i just wanted Mobility looked at or both, i opted for both and i was sucessful and won Enchanced on both. I had my Tribunal Hearing in December. 
    Goodluck 
  • Spencer_Mansion
    Spencer_Mansion Member Posts: 8 Listener
    Thank you for the reply, that's helpful. I would also like to know if anybody has disputed only certain sections within daily living, rather than daily living or mobility as a whole.
  • twonker
    twonker Posts: 617 Connected
    I am under the impression that the Tribunal stand in the shoes of the DWP and if appropriate will change what was previously awarded.
    To have it that the Tribunal should only look at part is confusing. The MR looks at the whole award as should the Tribunal.
    Otherwise you could end up with cherry picking part of the award  that you want to keep or even cherry picking each individual descriptor.

    Personally I would rely on the Tribunal to review the whole of the award simply because they are independent and you are more likely to get the correct award notwithstanding what the DWP have done.
  • Spencer_Mansion
    Spencer_Mansion Member Posts: 8 Listener
    That seems sensible, I was just trying to rule it out since I was sure I read that somewhere. But my thinking is that, since I'm only contesting certain key parts (ie, many of the points awarded in the MR are acceptable), shouldn't the focus be on what I am contesting? The whole point of an appeal is to bring up those elements which you disagree with.
  • Spencer_Mansion
    Spencer_Mansion Member Posts: 8 Listener
    I believe I've found where I originally saw this, here it is:
    http://www.cpag.org.uk/content/ask-cpag-online-what-are-risks-disputing-decision
    Specifically, 'The law (sections 9(2), 10(2) and 12(2) Social Security Act 1998) states that the DWP or a tribunal (in the case of an appeal) ‘need not consider an issue not raised’ by an application for supersession or revision, or by an appeal. This means that if you make it clear that you are only disputing your entitlement to a particular component or rate, they can decide to limit their consideration to that issue.'
    Anyone have any thoughts on this?


  • twonker
    twonker Posts: 617 Connected
    I believe I've found where I originally saw this, here it is:
    http://www.cpag.org.uk/content/ask-cpag-online-what-are-risks-disputing-decision
    Specifically, 'The law (sections 9(2), 10(2) and 12(2) Social Security Act 1998) states that the DWP or a tribunal (in the case of an appeal) ‘need not consider an issue not raised’ by an application for supersession or revision, or by an appeal. This means that if you make it clear that you are only disputing your entitlement to a particular component or rate, they can decide to limit their consideration to that issue.'
    Anyone have any thoughts on this?


    I believe the words are 'need not' instead of 'will not'.

    You are a braver person than me to want to stand and argue with a Judge that they 'need not' look at anything that is not in the appeal, especially if the Judge says that they will do whatever they want to as long as it is within the law..

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