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Thread: Tribunal Submission Letter

  1. #1

    Tribunal Submission Letter

    Hi, after a pip assessment in 2018 i lost my enhanced rate for daily living, i wasnt getting anything for mobility. I asked for a mandatory reconsideration and was still denied anything for daily living, but was awarded enhanced rate for getting out and about. The award was to May 2020, but i was assessed again in December 2019, this time my award for getting out and about was reduced to standard rate, and again nothing was awarded for daily living. I asked for a mandatory reconsideration but the dwp stuck to their original decision so i asked to take it to tribunal.
    I contacted a benefit advice shop and asked for their help.
    All my gp and hospital records have been sent to the tribunal court. My tribunal was due to take place by telephone on Nov 3rd, but this has now been postponed and i now have to wait for another date.
    The benefit advice shop sent a submission letter to the tribunal at the same time they sent them the gp and hospital records, part of the submission letter is below, but i dont understand what this actually means, is anybody in this forum able to explain what this is implying ?

    Paragraph from submission letter.....The decision in front of the panel today is not just to look at the present award but also a previous award that is to be superseded dated 03/09/2018.

    In 2018 when i lost my daily care element, this also caused my partner and myself to lose the severe disablement premium we previously received. To qualify for this we both needed to be on pip and both in reciept of daily living
    Last edited by MaCaTaC61; 28-10-20 at 16:53.

  2. #2
    Senior Member nukecad's Avatar
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    I don't understand why they would put that in a submission to the First Tier Tribunal?

    The FTT can only look at and rule on the decision under appeal, which is the 2019 decision - they cannot look at or rule on earlier decisions, the law does not allow that.

    A 'late appeal' to to the Upper Tribunal, or a higher court, may be allowed to look at an earlier decision - if there was an 'error in law' - but ther is no indication of that here.


    PS- Medical evidence of having a condition is not enough on it's own.
    You have to show how that condition affects your abilities to cope with daily life (or mobility).
    Last edited by nukecad; 28-10-20 at 21:01.
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