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Thread: Scared to appeal PIP. What should I do?

  1. #11
    Senior Member nukecad's Avatar
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    Quote Originally Posted by duners1 View Post
    Has there ever been such a case as this?
    Who can say for definite?
    The point is that if any previous decision was not appealed, and/or brought into question with some new evidence, then then they have no valid reason to revise it.
    (Also remembering that any new evidence that was not disclosed but comes to light after a decision has been made could be considered an indication of fraud).
    If they did try to change an old decision without any new evidence they would simply be setting themseves up for a loss in court.

    Quote Originally Posted by duners1 View Post
    I have never heard of advanced warning before.
    When looking at a PIP decision the tribunal has to look at all of it, both the Daily Living component and the Mobility component.
    You can't just appeal one component without the other also being considered.

    So say you have been awarded Enhanced DL but no Mobility and want to appeal against the no Mobility, the tribunal has to consider both components.

    If it seems likely to them from the submissions received from both the DWP and yourself that they would have to rule only Standard DL (reducing your award) then they will contact you, warn you of the risk, and ask if you want to take that risk and proceed with the appeal or withdraw the appeal and stick with what you already have.
    Last edited by nukecad; 18-01-20 at 12:27.
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  2. #12
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    It is as Nukecad stated, if they are considering removing existing descriptors awarded by the DWP Decision Maker, they are duty bound to warn you of the risk of proceeding with the appeal. If they do this it doesnt mean they will remove those descriptors, it just means its under consideration.

    There has been a few cases that were taken to UT where the first tribunal did not provide any warning, and based on that the UT set the decision aside and sent it to a new tribunal to have a new hearing. With guidance given to the new tribunal that they should warn the appellant if they are considering remove existing descriptors.
    Last edited by worried33; 18-01-20 at 17:32.

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