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PIP Appeal

yellow2018
yellow2018 Community member Posts: 22 Listener
in PIP, DLA, and AA
Hello,

I hope to get a bit of clarification on this situation. An appeal was submitted and DWP revised partially in favour (Enhanced for one part, and Standard for another)... As I have received the Letter explaining this new decision, I believe I have appeal rights against this. Would there be any risk appealing to try and get what I believe is the correct award of Enhanced for both - specifically, can the DWP revise the decision downwards upon submitting an appeal, or are they only able to object to what I am seeking by submitting their response, and the matter then proceeds to a Tribunal? Many Thanks.
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  • Jen4579
    Jen4579 Community member Posts: 11 Listener
    I believe you can only apply for one MR its then tribunal.. I'm going through similar I got nothing initially as in zero points my appeal left me 2 points short of care component but awarded me mobility. I have put forward a further appeal which has to be tribunal to get the care component.
    In answer to your question yes it can go against you in a way and they can take points off rather than give more. I'm expecting to lose enhanced mobility to gain my care component 
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    Hi,

    If there is any risk to your current award then you will be warned. HMCTS won't just remove points, they will either send you a letter before the hearing date or warn you on the day of the hearing and then adjourn it for you to decide what you want to do.

    @yellow2018 i'm not sure i understand this can the DWP revise the decision downwards upon submitting an appeal, Do you mean can DWP remove the award you've been given? If so then no not if the award is already in place. You would be appealing that revised decision. Whether you would need to request the MR on that new decision or request the Tribunal, i'm afraid i do not know the answer to that one. Hopefully someone will see this and be able to help you further.

    @Jen4579 may i ask why you're expecting to lose Enhanced mobility to gain the daily living part? They are totally different and being awarded one doesn't affect the other. The daily living part has 10 activities and the mobility part has 2.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Jen4579
    Jen4579 Community member Posts: 11 Listener
    poppy123456 said:
    Hi,

    If there is any risk to your current award then you will be warned. HMCTS won't just remove points, they will either send you a letter before the hearing date or warn you on the day of the hearing and then adjourn it for you to decide what you want to do.

    @yellow2018 i'm not sure i understand this can the DWP revise the decision downwards upon submitting an appeal, Do you mean can DWP remove the award you've been given? If so then no not if the award is already in place. You would be appealing that revised decision. Whether you would need to request the MR on that new decision or request the Tribunal, i'm afraid i do not know the answer to that one. Hopefully someone will see this and be able to help you further.

    @Jen4579 may i ask why you're expecting to lose Enhanced mobility to gain the daily living part? They are totally different and being awarded one doesn't affect the other. The daily living part has 10 activities and the mobility part has 2.

    Hi poppy oh no I'm aware 
    ... Because the mobility Component doesn't make any sense to me at all especially being enhanced I'm able to walk etc were simply not sure where the points for me being entitled to enhanced mobility has come from. 
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    @Jen4579 If you're able to walk then i'm assuming you're claiming for mental health, therefore you must have scored the points in following and planning a journey and not moving around, is this correct?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Jen4579
    Jen4579 Community member Posts: 11 Listener
    poppy123456 said:
    @Jen4579 If you're able to walk then i'm assuming you're claiming for mental health, therefore you must have scored the points in following and planning a journey and not moving around, is this correct?
    Hi yes it's epilepsy asd and mental health. I got alot of points for needing support with journeys I require to be taken everywhere and have soneone with me for emotional support also 
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    Then following and planning a journey will apply to you and this isn't about not being able to walk.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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