PIP appealing length of award

Freda
Freda Online Community Member Posts: 3 Contributor
edited January 2024 in PIP, DLA, ADP and AA
Apologies if this has already been discussed, I was unable to find a similar post.

Since moving from DLA to PIP I keep getting awards with 3 year review, I know many people have the same situation. I’ve always had paper reviews, and I had an indefinite DLA award previously. I have CP, so a lifelong disability.

I’m happy that the rate of my PIP is correct (and it never changes), but the scores are not correct, and I could very clearly demonstrate this. I was also hoping to have a longer time until review, mostly because the end date will be a month away from my blue badge renewal, as is my current situation.

Do you think it is worth asking them to look at decision again, or should I leave it for another 3 years? If anyone has experience of similar situation I’d be grateful for your advice.

And I’m very aware that so many people are struggling to get the correct award they deserve, so apologies if this sounds insensitive. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I don’t understand what you mean by this.

    Freda said:

    I’m happy that the rate of my PIP is correct (and it never changes), but the scores are not correct, 
    You can request the MR for the length of award only but you need to make sure you state clearly that you’re happy with the award itself and are only challenging the length of the award.

    You will need to give your reasons why you think you should have a longer award. 
  • ncor
    ncor Online Community Member Posts: 90 Empowering
    Hi,

    I was in your shoes, only getting shorter length of awards. 

    This time around I got awarded enhanced on both for 3 years. I sent in an MR asking for a longer length of award. They changed the decision to 5 years. 

    I still feel I should have got a longer award so I appealed to HMCTS (Tribunal), for a longer award.

    DWP cancelled the appeal and awarded me enhanced on both for 10 years. 

    If you believe you are entitled to a longer length of award, go for it, please make it clear in your appeals that you are appealing the length of award ONLY, and that you are happy with the current levels of award, ONLY appealing the award length. 

  • MW123
    MW123 Scope Member Posts: 1,168 Championing

    @ncor I'm grateful for you sharing your success in obtaining a longer award date. It's puzzling to me why individuals need to go through appeals or challenge awards to extend their award dates, given that the authority clearly has the capability to assign a 10-year review date during assessments or reviews but consistently chooses the shorter duration. 

    Was there a possibility that the duration of your award could have been reduced during this process? I am aware that they granted you an extended award date without undergoing the formal appeal process. Your ability to present compelling evidence must have been crucial in highlighting the inaccuracy of the initial award duration, particularly given that it did not progress to an appeal. 

    I am uncertain whether challenging the length of awards, even if the claimant believes it is too short and should be longer will be effective for everyone. Please correct me if I am mistaken.

  • Freda
    Freda Online Community Member Posts: 3 Contributor
    Thanks for replying 😊 

    @ncor very helpful to read your posts, I’m pleased you had a good outcome. @MW123 I’m sure you’re right and there will need to be a strong case presented in order for them to give a longer award. My understanding is that there is always a risk of awards being reduced when there is a MR or appeal, so of course this needs to be thought about carefully.

    I will ask them to look at the length of my award again, and I will let you know the outcome.

  • chiarieds
    chiarieds Online Community Member Posts: 16,832 Championing
    edited January 2024
    Hi both @Freda & @MW123 - whilst not everyone will be successful in challenging PIP awards, which are often of just 2-3 years duration, if an award is in place, you can challenge just the length of an award, so long as you make it absolutely clear you're solely challenging the length of the award. This link is really worth reading through: https://assets.publishing.service.gov.uk/media/5c6e86fc40f0b647ac8db29c/CPIP_1057_2018-00.pdf which was contained in the posts @ncor mentioned above. This was first mentioned by a Welfare Rights Officer who helped people with tribunals, & I can't fault his advice, neither did ncor .
    With MRs, as we unfortunately know, the success rate is abysmally low, but it would be rare for a claimant's award to be reduced.
    When appealing to a tribunal, then in essence you're starting again, but, if the tribunal think you will get a lower outcome, then you'll be warned beforehand, or on the day of a tribunal, so then a claimant would hopefully decide not to proceed, & would keep their current award.
    If appealing the length of an award only, then a claimant is in no danger of losing their current award, so long as they've made it absolutely clear that otherwise they're fine with their award.

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