I'd like to dispute the award length only. How long do I have to do this? — Scope | Disability forum
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I'd like to dispute the award length only. How long do I have to do this?

ncor
ncor Member Posts: 77 Courageous
edited January 22 in PIP, DLA, and AA
Hi,

I was awarded PIP a few months ago, enhanced for both. After appealing, the DWP changed their original decision to award this.

I was awarded for 2 years and 6 months. I would like to dispute the award length only. Would I still be in a relevant time scale to do this? Also I was pregnant at the time of my assessment so would this go against me when trying to dispute the award length?

Any help and information would be appreciated.

 Thanks.
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Comments

  • calcotti
    calcotti Member Posts: 6,281 Disability Gamechanger
    You can request a Mandatory Reconsideration of the award length only. You are expected to do this within one month of the decision but can do so within 13 months. If DWP refuse to accept it because it is over a month then you have a right to appeal the original decision to the tribunal service.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Member Posts: 77 Courageous
    My original PIP award was enhanced daily living and standard mobility May 2021. I put in a mandatory reconsideration request where this decision was upheld. I then put in the appeal to tribunal. DWP rang 2 weeks and awarded enhanced mobility June 2021.

    As I have already went through the MR route, is this still an option or can I just write a letter to PIP and ask them to just look at the award length? Can this be done without them looking at my whole award? 

    Do I stand to lose anything by asking them just to review the award length? 
  • calcotti
    calcotti Member Posts: 6,281 Disability Gamechanger
    edited August 2021
    OK this is a revised decision made in a period pending appeal. I am not sure you can MR that - although you can definitely appeal it to a tribunal. What does the new decision letter say about appeal rights?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay. I will have to try and find the decision letter.

    Welfare rights helped me through the appeal. They don’t think I should appeal the award length as I was pregnant at the time of the assessment. I find this quite irrelevant as I have had my conditions for nearly 10 years so what difference should it make that I was pregnant.

    Do you think I stand a chance in getting the award length extended?
    My conditions are not something that can be cured, both physical and mental.
  • calcotti
    calcotti Member Posts: 6,281 Disability Gamechanger
    I agree that in general I wouldn’t think pregnancy is likely to have much bearing. However your welfare rights adviser clearly knows your case whereas I do not.

    A challenge of the length of an award can certainly be successful and a challenge of only the length should make no difference to the level of award.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Member Posts: 77 Courageous
    Do you think I would have anything to lose by appealing just the award length?

    also do you think it would cause any harm to write a letter to DWP stating why I should have my award extended? Before appealing to tribunal? As I know that can be a lengthy process as I have went through it in the past.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay thank you.

    What would be the best wording to put in a letter in regards to the award length? Any help would be appreciated.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay thanks for the advice.

    I will ring welfare rights tomorrow and keep you updated.
  • ncor
    ncor Member Posts: 77 Courageous
    Thanks, glad you got yours extended.

    I spoke to welfare rights today regarding my award length.

    They told me that as I was pregnant at the time of my assessment, this was the main factor in determining my award length.

    As I had to lower medication whilst pregnant, which nearly tipped me over the edge. PIP said that I could get back on stronger medication after pregnancy, therefore they are assuming I will get better with treatment, even though I have been receiving treatment for nearly 10 years with no detrimental effect.

    Welfare rights informed me that if I wanted to go to tribunal based on the award length, that they wouldn’t be able to represent me and I would have to go it alone. They seem to think that if I appeal the award length only, that my whole award might be looked at again. Welfare rights knew about the new law about appealing award length only but they said this is not guaranteed and that the DWP may look at the whole award again.

    They know that I have suffered with my conditions for nearly 10 years but they don’t seem confident that the appeal on the award length will be successful. I still don’t understand what piece of evidence, other than that I was pregnant at the time of assessment, to determine my award length.

    This has knocked my confidence quite a lot and not sure what to do so would appreciate any advice.


  • ncor
    ncor Member Posts: 77 Courageous
    edited August 2021
    Okay thank you.

    Based on what you know in regards to my posts about my health etc. What would your personal recommendation be? 

    Is there much of a success rate in cases like this where the award length is the only thing being challenged? Have you heard much unsuccessful cases like this?

    Also do you think the appeal success is achievable?

    Sorry for all the questions.

    Thanks.
  • calcotti
    calcotti Member Posts: 6,281 Disability Gamechanger
    ncor said: Based on what you know in regards to my posts about my health etc. What would your personal recommendation be?
    None of us have enough information to make a recommendation.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay thanks for the input.

    If I draft a letter and post it in here in the comments would that be okay? So as I can get some advice whether it is appropriate, as welfare rights can’t help me.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay, thanks very much, this is very helpful.

    Do you mean I should send a copy of the decision from my current award? When you said print off a copy of the above decision?

    As my current award was made after already submitting an MR, would I send this letter to DWP or HMCTS?

     Thanks.
  • ncor
    ncor Member Posts: 77 Courageous
    Or did you mean print off a copy of the document CPIP/1057/2018?
  • calcotti
    calcotti Member Posts: 6,281 Disability Gamechanger
    ncor said:
    Or did you mean print off a copy of the document CPIP/1057/2018?
    That.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay thanks.

    Mike a question for you. As I was relying on welfare rights to help me with this, they no longer can. 

    I find it hard to build up enough trust to talk to someone but reading your invaluable advice this last couple of months, would you consider representing me with my case? I feel a great sense of trust from you and would feel a lot more at ease and comfortable going ahead with the appeal if I had you by my side.

     Thanks.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay I completely understand. I appreciate the advice, and take it on board whether it stands me to gain a little, or a lot. Good advice is hard to get at times, and should be appreciated.

    I understand and I feel I will take the appeal forward, as I know there is a great community to fall back on here if I need it.

    Who will I request the MR from? As with my current award, I have already done an MR, which was declined and I put in the appeal to tribunal but DWP changed the decision 2 weeks after appeal submission, in my favour regarding mobility but not award length. I accepted at the time.

    The main question is, who do I appeal to now regarding award length? DWP or HMCTS?

    Thanks.
  • ncor
    ncor Member Posts: 77 Courageous
    An MR has been done which was declined. I put in a appeal submission to tribunal, DWP changed the decision 2 weeks after I put the appeal in. 

    I accepted, didn’t go as far as tribunal as I accepted DWPs decision change in the favour of enhanced mobility but they didn’t change the award length.

    am I still able to do an MR of this revised decision? To change the award length.
  • ncor
    ncor Member Posts: 77 Courageous
    Okay no problem will write the letter out and send it, will keep you all updated.

    Thanks again for all the advice.
  • Girl_No1
    Girl_No1 Member Posts: 142 Pioneering
    @ncor Good Luck!!

    I submitted my appeal online - it was incredibly straightforward.  It provides a space to explain why the Appeal is outwith the one month timeframe, it allows you to state your case and include any attachments.  Based on Mike's sage advice, I  attached a copy of the CPIP/1057/2018 decision. 

    I would recommend the online system because it emails you the details of your Appeal submission and allows you to track progress.



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