How to appeal length only of award

griff11

Daughter (age 25) awarded PIP Enhanced after appearling MR but before it went to tribunal. 

etter arrived today and award for Nov 19 to Feb 22.  It says they have changed original decision and appeal will not continue.  Then letter says you can appeal and I have 1 month to do so and I must send a copy of this letter with it.    So do I simply say appealing duration and do I give reasons for duration only or re submit all previous evidence to show how's she's been impacted since age 18 (now 25)?  Sorry for all questions .  

poppy123456

Yes, you need to request it again and send anything extra that you need to send. No need to send everything that was sent to DWP/health assessment providers for the claim because they will receive copies of everything you sent. State you're appeal the length of time and nothing else.

The waiting time starts from the begining again.

griff11

Can I do online or do I have to do paper copy .  Thank you 

poppy123456

It can be done online.

bekindalways

I just gave the DWP a ring. I was awarded enhanced on both. That was on a change of circumstances. The assessor recommended a one year review which would have been early 2021.. When we contacted the DWP I was told that I couldn't request over the phone. So I asked them to do a mandatory reconsideration on just the length of award. They rang me back and were shocked that the call handler hadn't dealt with it when he had the tools to do so. So my award now runs out in July 2026. (7 years) it didn't go to mandatory reconsideration. The evidence was there for them to award a longer term so I can only assume that it is a case by case decision for them and the strength of the evidence supplied. 

Good luck. Procedures may have changed since covid but just thought you may find my experience helpful in some way. Xx 

janer1967

Thanks for sharing that @bekindalways and that was a great result for you

griff11

bekindalways said:

I just gave the DWP a ring. I was awarded enhanced on both. That was on a change of circumstances. The assessor recommended a one year review which would have been early 2021.. When we contacted the DWP I was told that I couldn't request over the phone. So I asked them to do a mandatory reconsideration on just the length of award. They rang me back and were shocked that the call handler hadn't dealt with it when he had the tools to do so. So my award now runs out in July 2026. (7 years) it didn't go to mandatory reconsideration. The evidence was there for them to award a longer term so I can only assume that it is a case by case decision for them and the strength of the evidence supplied. 

Good luck. Procedures may have changed since covid but just thought you may find my experience helpful in some way. Xx 

Well done; amazing result.  I rung to confirm length of award as at the time she rang she wasn't sure and needed to check.   When I rung you confirm length the man I spoke to was very unhelpful, said I had been ended as representative.  My daughter doesn't want to go through appeal as she's says what if they change their mind!  She's found it so upsetting reading their assessment and MR report and being awarded this means so much to her as they believed her.  I don't want to do anything to upset her so not sure if I should ring to query duration .  

janer1967

As advised you can appeal just the award length, they wont look at the rest of it

bekindalways

Thanks @janer1967. X @griff11 as Janer1967 said, you can appeal the length of award decision. It won't affect the award itself. Tbh you have nothing to lose by ringing and saying you want to put a mandatory decision in, on the Award Length only. They can only say no or yes. And you will still receive what you've been awarded. I wish you all the very best of luck and good wishes for a successful outcome. That is me up to my eyes in baking a peppa pig cake for my neighbours 2 year old daughter. So if I don't get back to you quickly, then please assume I am buried up to my neck in cake mixture. Lol. Best wishes. Xxx

poppy123456

The MR isn't needed here because that's already been done. It will be another Tribunal request in exactly the same way it was done the first time, only this time you request the length of time for the award and not anything else.

mikehughescq

[Moderator note - posts merged]

They will absolutely look at the rest of it unless you include the caselaw, guidance and specify an end date. Indeed their submissions actually wrongly warn claimants that even though they want to appeal only the award length DWP can look at everything. 

Put simply you will need this decision. 

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-pip-appeal-can-be-pursued-where-sole-issue-of-challenge-is-question

You will also need this guidance. 

https://www.disabilityrightsuk.org/sites/default/files/pdf/Award%20period%20guidance%20-%208%20August%202018%20%282%29.pdf

Make it clear you are wholly content with the award amounts and wish to just challenge the award length. Spell out why but also spell out his long would be appropriate and explicitly why. Without doing this you’re setting yourself up to fail.

griff11

@mikehughescq thank you for this information.  Unfortunately I cannot read the rightsnet information as I'm not a member and cannot join as it seems limited to organisations having membership.

Review date - the award letter does not set a reveiw date.  The award is for 29/11/19 to 06/022.  It says "if the award of PIP has an end date, you will be sent a letter around 14 weeks before award ends.  This letter will explain how to claim again if you want to".   Why is there no review date as it comes under longer term award as it's for over 2 years if I'm reading the disability rights guidance correctly or is this just something DWP do before writing to advise award ending?

I don't think I'm going to appeal as while we had a good couple of days after my daughter had the letter as it boosted her feeling that she wasn't "mad" the weekend has been difficult.  Anxiety is high last few days and I don't want to add to it by asking for her input into an appeal. I know the information I provided for appeal was sufficient for the award to be made but while the person who rang said my letter setting out life living with my daughter and OCD was powerful another decision maker might not be so moved by it.  I will be wiser in helping her claim again in 12 months as I doubt she's going to suddenly improve especially with the ongoing Covid restrictions and we are in local lockdown here so can only meet with people we live with indoors so she can't restart her counselling.  

Thank you for all your help.

poppy123456

With review dates or end dates i personally don't think it really matters to be honest. The only difference is the length of the form with reviews is shorter but it fools a lot of people into thinking because it's shorter they should give less information but that's not advisable.

All claims should be treated as a new claim by everyone and you should always give as much relevant information as possible. The only difference between a review and an end date is you need to reapply rather than the forms being sent automatically to you.

mikehughescq

Try this instead. It’s the actual decision. 

https://www.gov.uk/administrative-appeals-tribunal-decisions/gt-v-secretary-of-state-for-work-and-pensions-pip-2019-ukut-30-aac