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Pip Tribunal successful but error in paperwork

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5 years 9 months ago #224568 by Frances 22
Hello Gordon
Firstly, thank you for the information on this site it is very beneficial for someone with autism who has difficulty accessing face to face support. Your site enabled me to prepare for and proceed to a tribunal for PIP which was successful. It was a horrible ordeal, but I had given the tribunal so much to go on in advance, including my written statement to them, medical reports, current letters from professionals etc that they knew a great deal already before I stumbled through the questions in a state of extreme distress. They were also very kind to me and I took your advice in terms of making sure I had an Autism advocate present, that was equally good advice as I needed supporting both during and afterwards.

The concern I have is today I have noticed an error in the court paperwork. The court found in favour of Planning and following journeys. D) Cannot follow route of an unfamiliar journey without an other person, assistance dog or orientation aid. They have however calculated this at 10 points not the 12 that the DWP guildines state it is worth and they have written in their findings statement that they award me 'standard rate' mobility, under the descriptor that they placed me in even though according to DWP it ought to be 'enhanced rate' as it is a 12 point descriptor.

Are the DWP going to throw this back at the court due to the error they have made in failing to apply the correct points for the descriptor and consequently putting me in the wrong catagory, or are the DWP likely to simply see it as an error in tallying the points and correct rate for the descriptor and adjust it accordingly themselves?

I don't think I can face going through the court a second time because the court got the points muddled on the descriptor they applied to me and put me in the worng category for my descriptor. Is there anything I can do to help myself in this situation?

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5 years 9 months ago #224599 by Gordon
F

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I'm afraid you have misread the information available :( Descriptor (d) scores 10 points and would only result in a Standard award if no points were scored for the Moving Around activity.

You are thinking of Descriptors (f)

f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.

The difference being your navigating to an unfamiliar destination (d) and a familiar one (f).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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