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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP reassessment appeal and Motability

SamW
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Lambeth Every Pound Counts

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Total Posts: 431

Joined: 26 July 2012

Could somebody help out? Client was on PIP ERM and has now been reassessed and moved to PIP SRM. She has a Motability Car. We are appealing.

What is the current situation for circumstances like these? I know that client is not able to get any of the transitional assistance as it is not a DLA-> PIP migration. I can see that by default you get 8 weeks to hand the car back. But what is the situation if you are appealing? I thought I remembered something about people being given extra time to try and get the appeal resolved but I cannot see anything on the Motability website and am wondering if I imagined it.

If we are stuck with the 8 weeks what are people doing to deal with this? Have people had any success requesting expedited Tribunal hearings?

Thanks!

Sam

Chrissum
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WRAMAS, Bristol City Council

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Joined: 24 August 2017

You are quite right that the transitional provisions only apply to migration cases and there is little that you can do on a plain PIP renewal / planned review. You may wish to speak to motability and explore what other options are available e.g. self-funding for a short period of time. I have found them to be generally sympathetic. However, they are not obliged to consider this and there is little in practice that can be done to stop their re-possession. An expedited hearing is a possibility as you suggest but be prepared to argue financial destitution as well as removal of source of independence etc. as HMC&TS; are receiving a large number of requests for expedited hearing at the mo, so you will need to demonstrate good grounds. If you are going down this route, make sure that you have all your arguments and evidence including your submission in place and before the tribunal, as they will sometimes hear these on the papers very quickly (approx. 2 weeks in a case I had earlier this month). They appear to be operating some form of triage system in this area (not sure of it is UK wide) on cases to see if they can decide them on the papers without the necessity of a hearing.
Hope this helps and good luck!

SamW
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Lambeth Every Pound Counts

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Total Posts: 431

Joined: 26 July 2012

Belated thanks for your advice (only just managed to check RN)!

Will see what I can do about expedited hearing - the current waiting list at our local venue is up to 44 weeks now :(