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DWP took tribunal points away at review
- lorraine123
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2 months 4 weeks ago #294896 by lorraine123
DWP took tribunal points away at review was created by lorraine123
Hello
Please could you help. DWP originally awarded standard daily living PIP but I went to a tribunal and got enhanced for both. The tribunal gave me 10 points for needing another person to follow a journey. I've just had a review and they've taken the 10 points away. I still have enhanced for both so don't know whether to leave it and not rock the boat. Or do an MR as now is my only chance to get them back, it'll make it easier at the next review as my mobility points will be higher to start with and they're meant to say in their decision that fraud or something has taken place to supersede the tribunal which they haven't.
I'd appreciate any advice. Thank you, Lorraine.
Please could you help. DWP originally awarded standard daily living PIP but I went to a tribunal and got enhanced for both. The tribunal gave me 10 points for needing another person to follow a journey. I've just had a review and they've taken the 10 points away. I still have enhanced for both so don't know whether to leave it and not rock the boat. Or do an MR as now is my only chance to get them back, it'll make it easier at the next review as my mobility points will be higher to start with and they're meant to say in their decision that fraud or something has taken place to supersede the tribunal which they haven't.
I'd appreciate any advice. Thank you, Lorraine.
- Gary
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2 months 4 weeks ago #294910 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP took tribunal points away at review
Hi lorraine123
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Why put yourself through the ringer for no gain and potential losses, as you have stated you have been awarded enhanced for both components.
What I would do is contct DWP and ask for a copy of the assessors report so that you can see why the decision maker made their decision, highlight all the errors and write down why and then do nothing 🛀 😌 sit back and relax until you are next reviewed.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
Why put yourself through the ringer for no gain and potential losses, as you have stated you have been awarded enhanced for both components.
What I would do is contct DWP and ask for a copy of the assessors report so that you can see why the decision maker made their decision, highlight all the errors and write down why and then do nothing 🛀 😌 sit back and relax until you are next reviewed.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- lorraine123
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2 months 4 weeks ago #294914 by lorraine123
Replied by lorraine123 on topic DWP took tribunal points away at review
Hi, thanks for replying. I have the assessor's report and they just state they can't award it because I've not been diagnosed with any cognitive or learning disability. Would it not be worth trying to get it overturned as it's unlawful and because if for example my mobility improves and I get less points for that I would still have the points for the 'journey' one and it would be easier if I'd always had the points rather than had them then didn't then I'm trying to get them again. If you see what I mean. Lorraine
- Gary
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2 months 4 weeks ago #294917 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP took tribunal points away at review
Hi lorraine123
Is it the assessors report you have should be around 20 + pages and not the decision makers report.
Remember the assessors to not make the decisions, they only give an opinion, it is the decision makers that make the decision.
I personally would not bother, but it is not my decision to make, it is yours. You can apply for a mandatory reconsideration pointing out their error, did you send in a copy of your tribunal decision, has your condition stayed the same or deteriorated since then?
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
Gary
Is it the assessors report you have should be around 20 + pages and not the decision makers report.
Remember the assessors to not make the decisions, they only give an opinion, it is the decision makers that make the decision.
I personally would not bother, but it is not my decision to make, it is yours. You can apply for a mandatory reconsideration pointing out their error, did you send in a copy of your tribunal decision, has your condition stayed the same or deteriorated since then?
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
Gary
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- lorraine123
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2 months 4 weeks ago #294921 by lorraine123
Replied by lorraine123 on topic DWP took tribunal points away at review
Yes it's the assessor's report; I requested it specially. Yes I sent the statement of reasons and tribunal decision with my evidence. I'm a lot worse than when I first applied for PIP.
Do you see what I mean by if my mobility was to improve and I got less points for that that it would be a benefit to have had the 'journey' points ongoing rather than intermittent to make it more likely that they would agree with me that I qualify for that.
I'm just trying to decide what to do.
Do you see what I mean by if my mobility was to improve and I got less points for that that it would be a benefit to have had the 'journey' points ongoing rather than intermittent to make it more likely that they would agree with me that I qualify for that.
I'm just trying to decide what to do.
- BIS
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2 months 4 weeks ago #294954 by BIS
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Replied by BIS on topic DWP took tribunal points away at review
Hi lorraine123
I'm with Gary, I wouldn't even go there, but our opinion doesn't matter. You feel strongly about it, and if that's what you want to try - go for it. When you put in your MR - make it clear what you are challenging - but be aware that they can (and sometimes will) look at the whole award again.
BIS
I'm with Gary, I wouldn't even go there, but our opinion doesn't matter. You feel strongly about it, and if that's what you want to try - go for it. When you put in your MR - make it clear what you are challenging - but be aware that they can (and sometimes will) look at the whole award again.
BIS
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