Pip appeal

kjay
kjay Online Community Member Posts: 4 Listener
edited October 2023 in PIP, DLA, ADP and AA
Hi 

I currently receive lower rate mobility and I submitted a change of circumstances to review for higher mobility and daily
living. They scored me 2 points lower than the standard daily living and kept me on lower rate mobility.  My support worker submitted a mandatory reconsideration and they have come back with the same so she has submitted an appeal. She mentioned they could lapse the appeal as I am only two points off but can I ask how this work and how soon after lodging the appeal would they do this? 

It’s all really stressful and daunting and sending me insane I would just like to know if anybody else can share their experience of lapsed appeals or the appeals process

Comments

  • chiarieds
    chiarieds Online Community Member Posts: 17,155 Championing
    edited October 2023
    Hi @kjay - & welcome to the community. I'm sorry a Mandatory Reconsideration didn't change your award, but the success rate where this happens is in fact very low. However, the success rate for PIP with a tribunal is currently 68%, so a big difference.
    Your support worker is obviously feeling that, as you are only needing a further 2 points to get the standard award for daily living, that the DWP may make you an offer before your tribunal. She may well be right, but there's no guarantee. Should this happen, & you decide to accept an offer made by the DWP, then your tribunal would lapse, or close. Be aware that should this happen the DWP are likely thinking that if you should continue to a tribunal they feel you'd likely get a higher, or longer award, or both.
    I can't say when, or if, the DWP might make such an offer, but some of Scope's members have experienced this shortly before their tribunal. Should this happen & the DWP offered you a higher award, you can accept, wait until you receive your payment, then still ask for a tribunal without having to go through another Mandatory Reconsideration. but, this could then take several more months.
    It is actually faster to just proceed with your tribunal if you refuse the DWP's offer. With a tribunal it's like you're starting all over again, but they will warn you beforehand, or on the day if they consider that they would in fact lower your award, then you would decide not to proceed.
    Sorry this is lengthy, but hope it shows potential options should they arise. Please do come back with any questions.
    Edited to add, with a tribunal there will be a judge, a Dr, & someone with an understanding about disability. Currently these are done by phone/video call. A tribunal in this case is purely inquisatorial, i.e. will just ask questions about how your disability affects you, as they just want to find out more, & you will be listened to. You can also have someone with you for support, just introduce them at the start.
  • kjay
    kjay Online Community Member Posts: 4 Listener
    Thank you so much for that information. 

    I was told it is in a magistrates court and would be face to face. I have severe ptsd and the thought of an appeal is just too overwhelming. I am trying to put it to the back of my mind. The appeal has only just been submitted so I’m in for a long ride. This whole process has been going on since january.

    thanks again for the information it really is appreciated 
  • chiarieds
    chiarieds Online Community Member Posts: 17,155 Championing
    You're most welcome @kjay - I think people think of tribunals, & think they're going to court....far from the truth. A tribunal is informal, & they just need to decide 'on the balance of probability' do you have the difficulties you say about the daily living activities that are looked at with PIP, & similarly regarding mobility/going out. I'm sorry you have PTSD, but I hope you find the strength to go through with a tribunal, & you will find this community to be helpful & supportive throughout your journey. You are very wise in trying to put your appeal to the back of your mind; I'm sure that's not easy, but great you're trying :)
  • kjay
    kjay Online Community Member Posts: 4 Listener
    Thank you I shall keep you updated throughout the process. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You can request a telephone hearing if you're unable to appear in person.
  • kjay
    kjay Online Community Member Posts: 4 Listener
    Thank you. 

    I shall wait and see what develops over the coming weeks and take it from there. Thank you for your comments 

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