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Award Length

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Girl_No1
Girl_No1 Community member Posts: 152 Pioneering
in PIP, DLA, and AA
Hi everyone, hope we are all this evening?

I received my award last October, and it's for three years. 

Like everyone else I found the process stressful to the point of my (already very poor) mental health deteriorating further.  Thinking to the future, and going through this trying process again, I will request a ten-year/ongoing award next time due to the nature of my conditions. 

My question is:  is it possible to appeal the length of an award, without appealing the award itself?   If it is possible, is it advisable?   

Thanks.


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Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there 

    Yes you can appeal the award length only 
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  • woodbine
    woodbine Community member Posts: 11,618 Disability Gamechanger
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    Yes you can but you can't request a ten year or ongoing award
    2024 The year of the general election...the time for change is coming 💡

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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Hi @Girl_No1 - yes, you can appeal the award length only, which should not be detrimental to an appeal. Much as I don't like to disagree with @woodbine who gives excellent advice, there was a recent comment from Mike about this very thing. Please see: https://forum.scope.org.uk/discussion/81698/tribunal-next-friday-should-i-mention-to-tribunal-that-ive-got-an-appointment-to-see-a-specialist#latest    ...something I've seen him mention before. If you're condition isn't going to get better, then when you get a PIP review, this is definitely worth mentioning/arguing for.
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    Thanks everyone for replying.  It's definitely something for which I will argue at review.  Like everyone else, I've found these assessments take their toll physically and emotionally. 

    I had hoped my review would be done under Scottish legislation, but it appears Adult Disability Benefit roll-out has been delayed from 2023 to 2024 (covid delays) until after the date of my review.    :/
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
    edited July 2021
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    @Username_removed Hi, Mike - thanks for the link.  Sadly, I'm not subscribed to that site - not an advisor, can barely keep up with myself!  :) 

    Edit:  Just used the reference and got the judgement elsewhere!  Thanks, again.
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Good for you @Girl_No1 - also just found Mike's rightsnet reference to this elsewhere, & was able to read it too. Not that I doubted him. :)
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    Just a wee update.  My partner and I have read (and re-read) the information provided by @Username_removed.  I have today submitted an appeal based solely on the award duration.  I have "argued" for an ongoing award.  Now, all I have to do is put it out of my mind until a panel of strangers make a decision .....   :#
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  • woodbine
    woodbine Community member Posts: 11,618 Disability Gamechanger
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    Username_removed said:
    woodbine said:
    Yes you can but you can't request a ten year or ongoing award
    Why? Case law says you can and in any event I’ve been specifying in every care I’ve dealt with over the past 6 years. Never failed yet either.
    I bow to your superior knowledge Mike  B)
    2024 The year of the general election...the time for change is coming 💡

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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    Username_removed said:
    I shall watch with interest. Hilariously DWP will likely produce an appeal submission which totally ignores your assertion that you just want to look at award length. It’s possible to panic when you read that. Don’t. It’s not your fault they didn’t know what they’re doing and don’t know the case law nor guidance. 

    Incidentally it’s a good idea to include the full case law as well as a copy of the guidance. It avoids an adjournment and leaves no room for doubt.
    .... and this is why I'm immediately regretting submitting the appeal .... :p 

    To be fair, I've submitted what is probably the most amateurish submission they will have ever seen.  However, I can only speak to what I know, and what I know is:  me and my conditions.

    I have not included case law or guidance of any description.  I outlined my situation, the duration and nature of my condition, asked upon what basis they decided the award duration, and asked if the panel members would be inclined to consider an ongoing award would be more appropriate given the circumstances.

    I'm most probably, as they say, on a hiding to nothing.  In fact I'm confident appeals on the same/similar basis to mine are received in their hundreds on a daily basis.  I doubt anything I've submitted or even, if I'm fortunate, achieve will be groundbreaking. 

    In spite of all that, and in terms of self-esteem, it is something I felt I should do - stand up for myself and ask for something I believe is appropriate to my situation. 

    We'll see ..... :) 

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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Please don't regret what you have asked for @Girl_No1 - you felt the question should be asked describing the length & nature of your health conditions; have some confidence with this, & certainly Mike's comments. I don't know if you can add the relevant case law & a copy of the guidance, but hope this can be done in time if needed; I can't see why not. I somewhat doubt that hundreds of such appeals are received daily, as unfortunately many probably don't ask for fear it erroneously might affect their current award.
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    @chiarieds thank you so much for your kind words/thoughts.  I'll sleep on it, and discuss it with my partner tomorrow.   I guess it would make sense, as suggested by Mike, to submit case law/guidance info, but I'd struggle to speak with confidence to those.   Whereas I could speak forever about my lived experience.  :)   Thanks again.
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    @Username_removed I am a great admirer of the forthright manner in which you respond to posters on this forum, based on your depth/breadth of knowledge and experience in these matters. 

    However, (and there's always a "however", eh? :) ) those of us lacking that knowledge/experience and who are unable to secure "professional" representation just have to do the best we can with whatever resources we have available to us.

    Depending on our conditions, I expect it's easier for some than others to be able to identify/utilise case law and paragraphs from the DWP guidance.  Unfortunately for me I'm not in the group who finds this easy/straightforward.  Therefore, have simply made the best effort I can, albeit based on your response I'm making a pig's ear of it and it will only get worse! :/

    Please do not interpret this response as to mean I'm fishing to be hand-fed appropriate legislation etc.  It is not that.  It is an opportunity to balance your indepth knowledge/ experience with the reality of those unable to secure representation and who struggle to source, use and, more importantly, understand(!) the implications of case law etc.
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    @Username_removed over-complicating matters is at the very core of my underlying condition! :/  

    I am genuinely appreciative of your help in this matter .... as I'm sure many other posters have been and will be in future.  :) 
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
    edited July 2021
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    In case you've lost the link to the case law (as neither of us could read from the rightsnet site), here it is: https://assets.publishing.service.gov.uk/media/5c6e86fc40f0b647ac8db29c/CPIP_1057_2018-00.pdf
    Para 11 says, '......a claimant may bring an appeal to a tribunal even if that claimant is only challenging the decision to fix a term or is only challenging the length of an award.'
    Do please send this off together with the DWP Award length guidance Mike has linked to to give yourself the very best chance. As Mike says, it's the basis of your case. Not forgetting his 5 points. :)
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    @chiarieds Cheers, m'dear! 

    With your and Mike's help, I'm on the way!!  Will keep you updated.  Again, thanks.  :) 
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Mike is the one that helps, tho as he knows I read all his links in order to try & learn more. Hopefully some of it sinks in!! I do read everything, but it's not as easy for some of us lesser mortals to remember. :) Thank you, I do hope you keep us all kindly updated. You can do this.
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