some questiosn regarding appeals

damino

Hi

added clarification (I was awarded something on PIP, I've had an assessment and a decision giving me an award, and a reconsideration and they have not awarded me more, and I can make an appeal.. But the question is not about details of my claim specifically. It's about the process, - specifically, the questions are the following-)


What are the chances that benefits would be less after an appeal? (like how often does that happen to people)

And if it does happen, then is a person allowed to make a new benefits claim and go through the process fresh..

And if they do make a new benefits claim and go through the process fresh, and it goes to appeal , then do they look at the last appeal and say "sorry sir, you've been here appealing your case before"?

Also, I heard that in the past a person might make a request for an appeal then the DWP would get a letter from a solicitor with the appeal request, and then the DWP would sometimes decide not to go as far as an appeal and award the claim that the solicitor's letter supports. Whereas i've heard that nowadays there has been a change, and the appeal request goes to the tribunal people straight.. And it's very unlikely now that after the DWP say "if you disagree you have to appeal", that the DWP decide not to let it go to at tribunal having received a solicitor's letter. Sorry if this sounds a bit confused, I am a bit confused.. I heard there has been a change along those lines.

If I send in an appeal request, does that mean that the appeal is definitely going to happen? Like in the past sometimes the DWP would decide not to let it go to appeal, but apparently there has been some change in the process and that rarely happens?

NeilCr

Can you give us a bit more background?

Which benefits are you talking about and where exactly are you in the process? Have you made a mandatory reconsideration ? Have you just had a decision letter about a benefits claim?

Alice_Holt

And how many points / the grounds for your existing award (if ESA or PIP)?
Why are you eligible for it?

On what grounds do you think your existing award should be increased?

damino

I was awarded something on PIP, I've had an assessment and a decision giving me an award, and a reconsideration and they have not awarded me more, and I can make an appeal.. But the question is not about details of my claim specifically. It's about the process,

rockingbilly

damino wrote: »

I was awarded something on PIP, I've had an assessment and a decision giving me an award, and a reconsideration and they have not awarded me more, and I can make an appeal.. But the question is not about details of my claim specifically. It's about the process,

Where the decision is being looked at again, be it a MR or a Tribunal, a new decision can be made to increase the original award, keep it the same or reduce/refuse the entire award or part of it.

NeilCr

We need to know what benefit and where you are to be able to help with the process

Here is information on appealing a PIP decision. Be aware of the time limits


https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

And some information on reapplying for PIP from Rightsnet

http://www.rightsnet.org.uk/Forums/viewthread/7871/#34780

damino

rockingbilly wrote: »

Where the decision is being looked at again, be it a MR or a Tribunal, a new decision can be made to increase the original award, keep it the same or reduce/refuse the entire award or part of it.

thanks, I appreciate the time you took to write that, but that wasn't my question, please see my first post, which is where I asked the question.

NeilCr

damino wrote: »

Hi

added clarification (I was awarded something on PIP, I've had an assessment and a decision giving me an award, and a reconsideration and they have not awarded me more, and I can make an appeal.. But the question is not about details of my claim specifically. It's about the process, - specifically, the questions are the following-)


What are the chances that benefits would be less after an appeal? (like how often does that happen to people)

And if it does happen, then is a person allowed to make a new benefits claim and go through the process fresh..

And if they do make a new benefits claim and go through the process fresh, and it goes to appeal , then do they look at the last appeal and say "sorry sir, you've been here appealing your case before"?

Also, I heard that in the past a person might make a request for an appeal then the DWP would get a letter from a solicitor with the appeal request, and then the DWP would sometimes decide not to go as far as an appeal and award the claim that the solicitor's letter supports. Whereas i've heard that nowadays there has been a change, and the appeal request goes to the tribunal people straight.. And it's very unlikely now that after the DWP say "if you disagree you have to appeal", that the DWP decide not to let it go to at tribunal having received a solicitor's letter. Sorry if this sounds a bit confused, I am a bit confused.. I heard there has been a change along those lines.

If I send in an appeal request, does that mean that the appeal is definitely going to happen? Like in the past sometimes the DWP would decide not to let it go to appeal, but apparently there has been some change in the process and that rarely happens?

Okay

1. I'd say it's highly unlikely that a tribunal will reduce a PIP award but I have heard of it happening

2. Both of the links that I posted say you can make a new PIP claim after the appeal. However, unless there is a significant change in your condition, I'd be surprised if it was successful

3. If you start the process again then you can go through the entire thing, MR, appeal again, too

4. The appeal goes to a tribunal (not the DWP). If you appeal your appeal should be heard - unless you are out of time in getting it in

damino

With a benefits claim from some years ago, I contacted a solicitor via legal aid for an appeal (which was available at the time for benefits claims), and it never went to tribunal. The DWP accepted that letter, gave me the award, and decided they didn't want to go to tribunal.

How is it possible for that to have happened, and can that (them deciding not to go to tribunal after I appeal), stlll happen nowadays?

NeilCr

Is this what you are thinking about?

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

Alice_Holt

Damino,

If you don't give us details it is very difficult to give you useful advice.
What are you currently receiving for PIP (DL, mobility, standard, enhanced ?)
Why do you think this award is wrong?
What are your disabilities? What difficulties do you face to day-to-day life?
Where are you in the process? Have you asked for a MR?
Have you looked at the points system for PIP?
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

For an enhanced award you need 12 points. Where do you think the additional points should have been scored to bring you to 12 points. If you have say, 8 points, and think you should have been awarded 2 more points - then appealing is dangerous because you can't get to the enhanced rate and you are placing your existing award at risk. A tribunal is more likely to take an award away if they think the appellant is wasting their time, is not a credible witness, and does not have supporting evidence backing up their current award.

Can you understand why we have asked you for this information?
Without it we can only generalise.

Legal aid funding for benefit appeals was cut by the government - so the type of help you received last time is now not available.

Yes your current award can be reduced. This is more likely to occur when you ask the DWP to look at the decision again, but it can happen at the tribunal. Please don't ask for an MR unless you are sure you could persuade a tribunal (and have supporting medical evidence) that your award should be increased. Be aware that an appeal can be stressful. Are you sure you could explain fully to a tribunal panel the difficulties you have with the PIP activities?

Here is a useful guide:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

If you appeal to the tribunal service, it is very, very unlikely the DWP will change their mind after the MR but before the tribunal. So, if you appeal - yes it will go to a tribunal hearing.

For PIP you can reapply - but if you have been unsuccessful at a recent tribunal, the DWP are very unlikely to give you an award.
Note for ESA it has become much more complicated to re-apply after a refusal.