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PIP appealing only one component
Hi, I have a client who is in receipt of PIP standard rate, she now wants to appeal the decision but she says she does not want to appeal her daily living entitlement only want to appeal the non-entitlement of mobility comp. Is that possible? I thought if you appeal your claim will be looked at afresh one no matter what. Please help. Thank you in advance.
[ Edited: 20 Sep 2016 at 12:21 pm by shawn mach ]I think you are right Sophia. That you can’t just appeal one component. But I would be interested to hear if it possible to do that from more experienced posters on here.
Cheers,
A
Definitely not possible.
I had a client only recently who went to tribunal (against my advice) wanting mob and came away having lost her DL (and thus also SDP)
You could try Pete C’s approach, from a recent thread:
You can’t just appeal one component but equally the Tribunal’s job isn’t to start from a blank slate as such.
Tribunals are, by default, concerned only with the issues raised by an appeal. If the only issue raised by your grounds is the distance you can walk, then in the course of things that is the only issue “raised by the appeal” and the Tribunal is not called on to consider anything else.
Tribunals do have a discretion to go beyond that function and consider other issues of entitlement (e.g. looking at an existing daily living award) but they should only do that deliberately and where it is appropriate in the case - for instance if the evidence backing up the award is completely incredible. It is a discretion too - some panels will frequently look into the other component whilst others prefer to leave it alone whatever the evidence.
Importantly, for a savvy or represented appellant, there are various cases to the effect that a Tribunal proposing to investigate and potentially remove an existing award must put the appellant on notice that they are considering doing that before it is too late. This provides an opportunity to either sure up the case on the daily living award or withdraw the appeal.
So there are risks but they are often manageable - its not the case that the award is just given up and everyone starts again.
Thank you so much, love you all