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Warning that appeal could lose existing award
pennygates
Member Posts: 21 Listener
I was awarded standard rate PIP daily living and at MR, given ten points for Mobility. Welfare Rights have looked at it and have said that in their opinion my long term mental health problems were totally ignored and good medical evidence not taken into account. The questions were given 0 points for every aspect of daily living with regard to mental health. However i thought i was lucky to get the extra money in MR. The appeal process has started and I am worried that I might lose everything at the appeal. Welfare Rights have said that 10 points awarded in Daily Living and 10 points in Mobility shows a solid case. But I don't want to lose my existing award. WR have said that I can withdraw at any time even on the day of the appeal, and would be warned by the Tribunal if they thought it was for the best. Is this true? Does anybody know this process well enough to answer that? I have several conditions which affect my daily living, Severe osteoarthritis, ME, Bipolar Disorder, and severe restless legs, fibromyalgia.I realise pip is a world away from DLA, and that I'm very lucky to have got an award. Do the tribunal give an indication that it is better to withdraw. I do believe that W Rights are technically probably right and that i could possibly achieve a higher award, but is it too risky?
Replies
Below is the reply I received from BenefitsTrainingCo to my question: if tribunals are minded to lower or withdraw awards already made, do they always give the claimant an opportunity to withdraw their appeal and keep their existing award?
I am awaiting a tribunal hearing. I was award 11 points for daily living and 10 points for mobility. It would be perverse of a tribunal to remove my existing award as:
I have had a degenerative condition (rheumatoid arthritis) known to cause disability for nearly 30 years (RA never improves over the long term):
I was on DLA highest rates for about 18 years;
I was examined by a doctor (not just by an Atos paramedic!) when I first claimed DLA.
Nevertheless, as only death and taxes are certain in this life, I cannot be 100% certain that a tribunal wouldn't remove my existing award without warning! But, I am reasonably confident that I will at least keep my current award so, at present, am going ahead with my appeal. 65% of appeals are successful.
Claimants can withdraw their appeal without explanation at any time before the hearing - but they have to have the permission of the tribunal to withdraw their appeal at the hearing itself.
You could ask for more advice on appeals in the Ask a benefits advisor category on this forum.
Hi pennygates - I disagree with your belief that it isn't personal!!!
This extremist, Right-wing, psychopathic Government is waging a war on the most vulnerable, easy targets in society (children AND the disabled) - it is a 'personal' war against each and every disabled person in the country - just so they can give 'tax breaks' to the wealthiest people in society...
Emotional detachment from feeling robbed from an income that isn't as much as some may think is a challenge at the best of time... assessors are so detached from those being interviewed they breach human rights
I hope I never meet the assessor who wrote such incredibly incorrect information about me
Its humiliating for anyone to feel as though they're begging for their entitlement to cope with to day life
It's disturbing that claimants are scared of risking losing even more money!
Its isolating people with disabilities...