PIP, DLA and AA
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Long journey to get PIP award

markyboymarkyboy Member Posts: 374 Pioneering
edited March 2018 in PIP, DLA and AA
Hi just to share with you all that if you decide to appeal your pip award it can be a long journey and the DWP will delay proceedings at every opportunity.
I was awarded high mobility in 2014 till 2017 then in 2016 my award was reviewed and the mobility award was reduced to standard till 2019.
I started my appeal  in Dec 2016  and asked for a reconsideration but the DWP refused it so then in January 2017 i appealed and was put on the waiting list for a tribunal hearing of which i decided to attend it was not until September that i attended my hearing despite the court saying there was a 4 month waiting list it ended up being 9 months.
At the tribunal the judge agreed with the award and i lost my case but i appealed the decision on a point of law  that the DWP failed to explain the change of circumstances that led to the mobility award being reduced the only reason they gave was the award had been reviewed.
In December 2017 the appeal judge agreed and set aside the judgement and ordered that another hearing be heard so after 12 months i am still in the same position as i was 12 months ago waiting for a hearing date.
But my advice to everybody is if you believe your award to be wrong never give up it may take a long time to get justice and the DWP are hoping you will give up but i will take it to the very end.

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi markyboy and welcome

    Well done you for being persistant, I hope you win in the end

    I was particularly interested in your error in law

    At the tribunal the judge agreed with the award and i lost my case but i appealed the decision on a point of law  that the DWP failed to explain the change of circumstances that led to the mobility award being reduced the only reason they gave was the award had been reviewed.

    Did you have help with finding this ?
    It seems so obvious I wonder how many similar errors are overlooked

    CR

    Be all you can be, make  every day count. Namaste
  • whistleswhistles Member Posts: 1,590 Disability Gamechanger
    Some point this year will they review you all over again because your award runs until 2019? 
    Or is this appeal all part of it.
    Do not follow me, I don't know where I am going.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Has a utt judge ordered another ftt Hearing?
  • markyboymarkyboy Member Posts: 374 Pioneering
    I applied to appeal to the upper tribunal but the judge who looked at the case decided to order a new first tribunal again
  • markyboymarkyboy Member Posts: 374 Pioneering
    The award that i am fighting expired in Dec 2017 i would expect another review this December unless the new tribunal extend the award
  • markyboymarkyboy Member Posts: 374 Pioneering
    To be honest when i appealed against the tribunal decision it was based on the fact that i believed that i had received a unfair trial but it was the judge who looked at the papers and decided there was a error of law because if the DWP change a award before the term expires they must state what the change of circumstances are which led to it and they cannot just say the change was the result of a award review
  • whistleswhistles Member Posts: 1,590 Disability Gamechanger
    Yes I would be annoyed to not have a reason. They should explain the less points. 

    Do not follow me, I don't know where I am going.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Good luck with the new tribunal.  69% of appeals succeed.

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    To be honest when i appealed against the tribunal decision it was based on the fact that i believed that i had received a unfair trial but it was the judge who looked at the papers and decided there was a error of law because if the DWP change a award before the term expires they must state what the change of circumstances are which led to it and they cannot just say the change was the result of a award review
    That is very useful to know, @markyboy.  So, it is an error of law if the DWP change an award before the term expires without there being a change of circumstances.  They cannot just say the change was the result of an award review.
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