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Thread: PiP

  1. #11
    Quote Originally Posted by justme2017 View Post
    . I get the feeling they are fobbing me off somehow and just want me to not ask questions.
    I agree.

    I got what they could get away with giving me (got standard mobility qualified for enhanced) knowing I couldn't cope with appealing.

  2. #12
    Senior Member nukecad's Avatar
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    An important point here, which we also covered at your Upper Tribunal.

    The DWP cannot lapse, (cancel) a court tribunal. They do not have that power.

    Only the court itself can do that.

    The DWP can ask/advise the court to do so, but once an appeal is lodged only the court (or a higher court) has the legal power to cancel (lapse) it.

    At your Upper Tribunal last year the DWP asked for it, and the court agreed because the DWP had already conceded the maximum that the court could have awarded, a new assessment, so there was no point in continuing.

    You had your assessment, were given no award of PIP, and so appealed that 'no award' decision.

    What will have happened this time is that the DWP will have told the court that they have now awarded you PIP - and so there is no reason for the appeal against a 'no award' decision to continue.

    Accordingly the court will have lapsed the appeal against 'no award' - because there is now an award.

    The DWP may or may not have told the court what level of PIP they have awarded, but that's not realy relevant in law.
    You were appealing against a 'no award' decision, that decision has been changed and you now have an award.

    You can appeal against this new awarddecision if you think it should have been higher.

    It's a pain in the backside, and somewhat sneaky by the DWP, but it is in accordance with the law.
    Last edited by nukecad; 06-20-2018 at 03:47 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #13
    Hi Nukecad. I think you have me confused with someone else, I have not had an upper tribunal hearing?
    I'm just waiting on the paperwork to come through and will see what that says.

  4. #14
    I have received the Dwps award letter today and to I'm shocked is an understatement. It goes Into not much detail at all but instead it has given me 2 points for four different descriptors, including one I have never said I need assistance with and I do not need assistance for it. It seems to just be an exercise in keeping me from tribunal. I have asked for the report/letter that atos made to trigger this new decision. Low and behold there is none as the last time they sent anything about me to Atos was back in November.
    I just don't know what to do now.

  5. #15
    Senior Member nukecad's Avatar
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    Quote Originally Posted by justme2017 View Post
    Hi Nukecad. I think you have me confused with someone else, I have not had an upper tribunal hearing?
    Sorry, I was meaning when you had an appeal lapsed back in December 2017, this thread:
    https://www.youreable.com/forums/sho...ribunal-Lapsed

    (And yes I had also just answered someone else about an Upper Tribunal issue so may have got a bit mixed).

    However what I said above about the reason why the court (not the DWP) will have lapsed this appeal still stands.

    As far as what to do now;
    You can either accept the DWP's award of PIP, or appeal it to try and get an increased award.
    If you do decide to appeal then the current award stands until a new decision is made, and will be paid until a new decision is made including any backpay you get.

    You have a month to appeal so I would take a bit of time thinking what you want to do now (and if it would be worth appealing).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #16
    Quote Originally Posted by nukecad View Post
    Sorry, I was meaning when you had an appeal lapsed back in December 2017, this thread:
    https://www.youreable.com/forums/sho...ribunal-Lapsed

    (And yes I had also just answered someone else about an Upper Tribunal issue so may have got a bit mixed).

    However what I said above about the reason why the court (not the DWP) will have lapsed this appeal still stands.

    As far as what to do now;
    You can either accept the DWP's award of PIP, or appeal it to try and get an increased award.
    If you do decide to appeal then the current award stands until a new decision is made, and will be paid until a new decision is made including any backpay you get.

    You have a month to appeal so I would take a bit of time thinking what you want to do now (and if it would be worth appealing).
    The reason I have been awarded pip is because I have been given new points for bowel and incontinence. I have never said I have problems with this as I don't have problems with this so now I am in a quandary if I'm honest. Knowing my luck I won't get awarded pip as the tribunal will take those points off. But a part of me does want to expose that they have given me those points as a way of stopping me going to tribunal. What with the ESA appeal and now PIP, I just cannot believe the things they do.
    Any advice? Thanks

  7. #17
    Senior Member nukecad's Avatar
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    Sometimes you have to accept what you can and wait to fight another day.

    OK they have given you the award for the wrong things, but it's still an award.
    Are you willing to risk losing it to make an issue?

    I honestly don't know what I would do myself in your situation.

    In the end you have had a long saga with this, it may be time to have a break until next reassessment time.
    I'm sure that will come faster than you would like, but at least it will be a fresh starting point without all the history that has happened here.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #18
    Quote Originally Posted by nukecad View Post
    Sometimes you have to accept what you can and wait to fight another day.

    OK they have given you the award for the wrong things, but it's still an award.
    Are you willing to risk losing it to make an issue?

    I honestly don't know what I would do myself in your situation.

    In the end you have had a long saga with this, it may be time to have a break until next reassessment time.
    I'm sure that will come faster than you would like, but at least it will be a fresh starting point without all the history that has happened here.
    I know but I just feel that they are so dodgy sometimes. They also deal with very vulnerable people who may not have a clue.and certainly woudlnt be able to take them on. I do believe I'm entitled to PIP, in fact I know I am judging by the descriptors. But I don't want to let them get away with it, i dont think i would have it taken away either as I believe the tribunal would be less than impressed. Then again the letter I feel like writing to the DWP I doubt they will let me anywhere near a tribunal.
    Part of me says just shut up and take the money. The other part says don't let them get away with it as they were obviously wrong in the first place.
    Also in two years when I'm reassessed and they ask about my bowel issues I will lose pip as I dont have them lol, i need a lie down.

  9. #19
    Senior Member nukecad's Avatar
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    I would leave the big arguments about false reports etc. to the W&P Select Committee and the big welfare organisations.
    They have the resources to fight them on behalf of thousands, as an individual you are a small voice to the DWP.

    Do what is best for you at this time
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #20
    Just wish I knew what it was mate. I will have to think about it, thanks again

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