Withdrawing a PIP appeal

Tenant got less on PIP than DLA and appealed. At tribunal was warned of risk to current PIP award. The appeal was adjourned for further medical info from her GP. Can tenant now withdraw appeal and it would go now further? I remember doing this with DLA but wasn’t sure if it was different with PIP.

Thanks

Yes if they want to - see rule 17 of the Tribunal Procedure (Social Entitlement Chamber) Rules 2008.

Might also be worth noting that a recent UT case confirmed that withdrawing an appeal during an adjournment between two hearings does not require the consent of the Tribunal unless there are directions otherwise - CDLA/5247/2014.

If it were me I’d wait until the medical evidence is in hand and assess whether it’s worth proceeding. Some Tribunals will give the health check routinely whatever their perception of the merits of the appeal.

It seems that the ADM at A5 5195 was updated on this in Feb 16 - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502436/admchap-amends-feb-2016.pdf
- but I can’t work out whether this version is the updated version or not - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502438/adma5.pdf

Can anyone tell me please?

Can’t say for certain but it seems to be the updated version. The wording of A5195 suggests the author read the case I referred to above which was decided around the same time.

http://www.rightsnet.org.uk/welfare-rights/caselaw/item/notice-of-withdrawal-of-an-appeal-sent-prior-to-a-hearing-or-during-an-adjo

Thanks Elliot

Dan Manville - 22 April 2016 12:48 PM

If it were me I’d wait until the medical evidence is in hand and assess whether it’s worth proceeding. Some Tribunals will give the health check routinely whatever their perception of the merits of the appeal.

I’d tend to agree Dan. The statement “At tribunal was warned of risk to current PIP award.” could be read one of two ways at least - did they simply fulfill their responsibilities of being clear to the client that, in any decision of this kind, there is a risk of reducing or losing a current award, or was it a warning that was a view they were already arriving at and the extra evidence might confirm or deny that view?

Having said that, if the client wants to withdraw, then their wishes should be respected.

Thanks for your responses.

The tenant was not represented at the appeal but says she felt very uncomfortable and I think she felt it was said as a warning that it was a distinct possibility…. but we haven’t as yet seen any of the appeal papers.