MR Success + Few questions about appeal

anxiousbird

Hi all 
so I’ve been given standard rate daily living component following an MR (scored 0 points across everything after assessment). I have a few questions now, I hope somebody will be able to answer these: 

1) I know I should be eligible for enhanced mobility as well, tbh, I thought I might ONLY get mobility as I submitted a lot of anecdotal evidence and psychiatrist letters which in my opinion was very strong! I am now thinking of appealing the MR decision (I know I risk losing my current award, but I am very confident about the evidence I have). My question is: if I do go ahead with an appeal, and if subsequently my current award is taken away, will DWP ask me to pay back the money that they’ve already paid me (up until the point of submitting an appeal)? 

2) if I do go ahead with submitting an appeal, do I have an option of backing out of the appeal before the actual ‘appeal’ takes place? And if so, will I still keep the current award? Basically what I’m asking is, once I’ve submitted the appeal, how reversible is it before the actual tribunal session takes place? (I’ve heard of cases where DWP makes an ‘offer’ before a tribunal session, essentially trying to back out of the appeal, do claimants also have the same option available? Will we have to negotiate with DWP in order to keep our current award in that case?) 

kind regards 

calcotti

anxiousbird said:

My question is: if I do go ahead with an appeal, and if subsequently my current award is taken away, will DWP ask me to pay back the money that they’ve already paid me (up until the point of submitting an appeal)? 

No.

anxiousbird said:

if I do go ahead with submitting an appeal, do I have an option of backing out of the appeal before the actual ‘appeal’ takes place? And if so, will I still keep the current award? 

Yes and yes. You can withdraw the appeal if you wish and the existing decision will stand.

anxiousbird

Thanks @calcotti .  So I definitely do have the right to withdraw without losing my existing award right? I just like to have escape routes available and don’t want to risk it all?

anxiousbird

thanks Mike! 

Unfortunately there aren’t many services in my area that would offer advice like that. The social support from my council previously told me that they can only step in at the appeal stage. After getting my MR decision, I emailed them whether they’d be willing to help now and from their reply I get the feeling they’re only going to fill in the online appeal form and that’s it. So I don’t really have access to expert advice regarding my claim. 

Apologies if you’ve already answered this in one of your posts and I’ve missed it, but do you think you can perhaps just have a quick look at my evidence bundle for mobility activity 1? I could pay you for your time, ofcourse! 

In a nutshell, I’ve got about 7-8 different real life examples of what happens/has happened in the past when I’ve attempted the activity. I’ve got my driving instructor witness to my near crash experience where I couldn’t control the vehicle while at 60mph on a motorway and he somehow managed to get us to safety. I’ve got DVLA’s letter saying they’ve had a revoke my license as a result. I’ve got my psychiatrists’ letters mentioning how I absolutely can’t be on my own outside and also a mention of how my treatment has been limited because I don’t always have someone to accompany me places. I’ve had my husband and mum (a doctor herself) writing in great detail how I can’t be outside on my own and relating incidences where I’ve ended up in very dangerous situations when left on my own. 

If I was a decision maker it would be a no brainer for me to award mobility to such a person, but I understand I may be biased. Don’t have any other person I can show my evidence to other than my own family (who think it’s good enough). 

Any advice? 

anxiousbird

Username_removed said:

anxiousbird said:

I emailed them whether they’d be willing to help now and from their reply I get the feeling they’re only going to fill in the online appeal form and that’s it. So I don’t really have access to expert advice regarding my claim. 

Apologies if you’ve already answered this in one of your posts and I’ve missed it, but do you think you can perhaps just have a quick look at my evidence bundle for mobility activity 1? I could pay you for your time, ofcourse! 

Don’t go on feelings. You have every right to ask what the service is and what is or is not done? You cannot assume or guess or go on feelings. Ask outright and get some answers. 

I have answered this a couple of times on here over the years. There are absolutely no circumstances in which I could look at a set of appeal papers or other evidence. Nor would I ever accept payment. My employer would rightly prohibit the former and ethically I could never accept money for what should always be free. 

Yea I’ve already sent them an email asking what is it specifically that they’ll be ‘helping’ with. 

Ah, fair enough!