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MR & Appeal

 

neilcoll
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Have a client who claimed PIP it was refused and an MR was submitted. MRN outcome partial award of SRM only. Appeal requested for daily living only. Two months after appeal request SRM stopped as PIP advised when appeal was received the decision was looked at again and DM changed decision of SRM. Has anyone else experienced this at it has left me confused.

     
Paul_Treloar_AgeUK
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It’s long been the case that asking for revision or appeal of benefits such as ESA, DLA and now PIP brings with it the risk of reduction or removal of existing awards I’m afraid.

See for example p.1289 of CPAG WBH 2018/19 which highlights that a DM can decide on application for revision of one component to consider:

* the component which is not the subject of the revision or supersession;
* whether to reduce the rate of a component or end your entitlement to it, even if you asked for a higher rate;
* whether to reduce the length of the period for which you have been awarded a component, even if it was originally awarded for an indefinitie period.

     
neilcoll
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I know that the benefit can be reduced but we haven’t been to appeal yet it was reduced once we requested the appeal.

     
Pete at CAB
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neilcoll - 29 May 2018 03:22 PM

I know that the benefit can be reduced but we haven’t been to appeal yet it was reduced once we requested the appeal.

There seems to be another ‘recon’ stage between the appeal being lodged and the appeal bundle being generated.
(I think there may have been a thread about this?)
I recently had a case where the DM contacted us after the SSCS1 went in and had clearly taken another look at the evidence and, in this case, changed the decision and awarded PIPS.

I assume this is covered by Reg. 11 of the PIPS regs which, in effect, allows the SoS to re-determine a claimant’s  
entitlement to PIPS without needing to have any reason for doing so. IMHO this just allows them to review a case and doesn’t in any way detract from a need for the SoS to justify the actual reduction in the award so it may be interesting to see what comes out in the appeal bundle.

 

     
Peter Turville
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neilcoll - 29 May 2018 12:03 PM

Have a client who claimed PIP it was refused and an MR was submitted. MRN outcome partial award of SRM only. Appeal requested for daily living only. Two months after appeal request SRM stopped as PIP advised when appeal was received the decision was looked at again and DM changed decision of SRM. Has anyone else experienced this at it has left me confused.

What was the basis for the appeal? That it should be ERDL? An appeal can only be lapsed if the new decision is more generous - SSA s9(6) and SS&CS;(DA)Reg.30. See CPAG 18/19 p1338.
If the DWP decided that on appeal the award of SRDL was not appropriate after all the appeal should proceed to tribunal.
Or did the DWP revised the award of SRDL on other grounds - for example grounds of ignorance or mistake to a fact SS&CS;(DA)Reg. 3(5)? Even if this was the case because the decision was less favourable to the claimant it should proceed to tribunal.
Remember SSA s9(6) is a seperate power to the requirement for MR before appeal and is the reason why the intro of MR was never neccessary in the first place!

     
neilcoll
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Client’s appeal was heard on Thursday and awarded both enhanced rate’s

     
Paul_Treloar_AgeUK
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neilcoll - 04 June 2018 03:58 PM

Client’s appeal was heard on Thursday and awarded both enhanced rate’s

Wow, great result, good work. Makes a complete mockery of internal DWP review process and decision making.