PIP, DLA and AA
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Change in PIP Law for mobility

kazleekazlee Member Posts: 5 Listener
Hello
I could really do with some advise . I was awarded standard rate mobility back in 2014 (after appealing). Since then the law has changed and the DWP are looking at those claims, but, because my award was decided by the tribunal, I had to go to the Upper tribunal. They refused me, so I am now taking it to the high court. I have tried unsuccessfully to get help with this, so am attempting to go it alone.  The trouble is I have no idea what I am doing. Obviously the forms are not easy to understand for the likes of myself. It also involves a lot of copying, indexing etc. Any help would be appreciated.

Replies

  • mikehughescqmikehughescq Member Posts: 6,637 Disability Gamechanger
    I must say I’m struggling to see how the high court would be relevant here.
  • kazleekazlee Member Posts: 5 Listener
    The upper tribunal advised me to ask for a judicial review from the high court so that's why
  • mikehughescqmikehughescq Member Posts: 6,637 Disability Gamechanger
    That doesn’t sound correct at all. 

    If you’ve been to UT then you’d normally be well out of time for a JR. I suspect you have misread the standard disclaimer they issue when you lose at UT i.e. that if you don’t like the UT decision then you have the option of a set aside if a relevant document was missing or a JR of the UT decision that there was no error of law (as opposed to a JR of the original decision you were unhappy with).

    In the overwhelming majority of UT cases a set aside or JR is unheard of. They are usually pursued with support and finance from a law firm pursuing test cases. Unless you have a test case of wider interest then I fear this is really at an end. 
  • kazleekazlee Member Posts: 5 Listener
  • kazleekazlee Member Posts: 5 Listener
    The dwp and 1st tier refused to change it. So i wrote to the upper who refused and they suggested JR an i have had a reply from royal courts of admin they sent me the relevant forms. 
  • kazleekazlee Member Posts: 5 Listener
    I never contested l1st tier as i was just grateful to get any award at the time. I didnt take it to the upper back then
  • mikehughescqmikehughescq Member Posts: 6,637 Disability Gamechanger
    Yes, as I said then. You’ve either been refused leave to appeal to UT or lost at UT. Your only options then are set aside or JR of the UT decision. As I say above, that really isn’t a goer. The fact you have been sent the forms means nothing. 
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