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PIP appeal - adjourned with a warning that a future Tribunal would have to consider whether current award is justified

JPCHC
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Cardinal Hume Centre - Welfare Rights

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Total Posts: 186

Joined: 24 November 2014

I’ve had a client present late in the day with an adjournment notice advising him that his current award would be reviewed at a future tribunal and suggesting he returns to us as we helped him to prepare the appeal… we didn’t!

Client is already in receipt of both components at the standard rate.  I have reviewed his grounds and don’t feel that there is a basis for the dispute of the daily living descriptors.  Client now states that he was not even appealing this component and has no idea who completed the appeal form for him!

He is adamant he wants to proceed with the challenge as feels should have scored 12 points for moving around.

I know there is no such thing as protected points but in your experience at this stage do you think Tribunal will review both components even if the appellant now agrees with daily living award.

I do not do enough PIP appeals to know how this is working in practice.  If it makes a difference, this appeal will be heard at Fox Court.

Thanks in advance

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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Total Posts: 177

Joined: 21 January 2016

The only time I’ve seen this I did the submission and felt that the client was overclaiming, warned him etc.

The Tribunal warned him. We warned him again. He persisted and lost (I can’t remember the detail now). His claim for EMob was basically that he used to have DLA mob high rate and felt he shouldn’t have lost money.

You know that they can review the whole award and nothing is protected so I would say that the poss is very real that they will reduce his points and award. But if you’ve warned him what more can you do.