PIP- duration of award discrepancy and UT

cat_hug
cat_hug Community member Posts: 161 Empowering
in PIP, DLA, and AA
Hi everybody, apologies for all the questions.

Some of you probably know, I've just asked for a set aside from UT.
Throughout my appeal process, the dwp, even the advocate from WRU, and FTT (and consequently, the UT now), have worked off the assumption that my pip award was for a set time of 2 years.

At FTT, the judge changed this from 2 years, to 5 years. Now if the award had been for just years, this would've been a small victory.
I had said that the award was for an ongoing period, but for whatever reason, this wasn't taken into account.

I've found the original award notification letter among the reams of documents which states that my pip award for mobility is for an ongoing period.

For some reason, from the time I filed my appeal (for daily living component), the dwp and everyone concerned with my appeal, were treating it as being for a set period of 2 years, despite the layard notification saying its for 'an ongoing period.

My question is, could this be deemed as 'any other procedural error for the purpose of either setting aside, or a judicial review?
Thanks in advance.
Cat xx

Comments

  • cat_hug
    cat_hug Community member Posts: 161 Empowering
    Cheers Mike,
    I wondered if it would have illustrated that the ongoing period duration, illustrated that the disability is a life long one, that isn't going to improve.
    Also, that the DWP appear to have changed the award duration, only after I wrote a letter of complaint after a 17 week wait/runaround, with the MR decision.

    This, in addition to them not including other relevant docs in the bundle, illustrates a pattern that they were not exactly playing fair.
    This whole case has been a train wreck from the get go.

    I'm not qualified in dealing with these issues, but have been trying to understand the intricacies of tribunal procedures and law as I've gone along.

    Guess I'm just trying to find an 'in to try and get my benefits reinstated so I can live instead of struggling to just exist. It sounds dramatic, because the consequences of losing my DLA, has had a dramatic impact.

    Thanks again.
    Best wishes, Cat

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