Can an award appeal lead to your award being completely removed by the DWP? Is this a real risk?

Sisyphus · July 2023

I have been awarded PIP but not what I had expected. I know I have a legal recourse to appeal but should I as I have read that this can lead the DWP to removing your award in its entirety. Is this a genuine risk or simply hyperbole and hearsay?

Many thanks

S

bg844 · July 2023

You would first need to submit a Mandatory Reconsideration explaining why you disagree with the decision, a new Decision Maker will look at all the available evidence to see if there is grounds to change your award. Yes, they can remove points as well as adding them too (it's rare to have points taken away so I would sort of put that thought to the back of your mind). After this, an appeal can be submitted.

When/if it does get to the Tribunal stage, they must warn you prior if they are planning on removing points. DWP also have another chance at this stage to revise an award and make an 'offer' (this is rare).

poppy123456 · July 2023

First stage to appeal is the MR. Most MR decisions remain the same. Only about 23% of them change in the claimants favour. It's rare for someone to lose points or an award at this stage but it can happen.

For Tribunal stage, if you either appear in person or have a telephone/video hearing there's about a 70% success rate. If HMCTS consider removing points they will warn you before doing this. They will either contact you before the hearing or give you the warning on the day of the hearing. This will then you give you to get some expert advice before deciding what you want to do. The hearing will be adjourned if they warn you on the day.

Sisyphus · July 2023

Thanks to both of you...that's very helpful and all I need to know

Appreciated

Can an award appeal lead to your award being completely removed by the DWP? Is this a real risk?

Comments

Categories