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What should I do?

edited 16 January at 2:58PM in Benefits & Tax Credits
4 replies 645 views
moonersmooners
1 posts
Forumite
edited 16 January at 2:58PM in Benefits & Tax Credits
I have limited mobility and on-going health issues due to contracting a serious infection (supported by specialists/other doctors). I was awarded standard PIP in 2016 after assessment with HCP. When it came to an assessment with a different HCP in 2019, I was awarded 0 points. After appealing to the tribunal they awarded 0 points.

The tribunal also made the hurtful comments (despite never meeting me as it was paper tribunal) that pretty much said "claimant has exaggerated mobility issues" and "as well as agreeing with the 2019 HCP assessment where claimant was awarded 0 points, the panel also asserts that claimant should not have been granted an award in 2016 in the first place and the original HCP was in error. We may have revised the 2016 decision but did not decide to do so in this instance."

I don't know how they can make a threat like this. If I appeal (my CAB representative thinks I'd have a good case regarding 'errors in law' as the panel didn't acknowledge the doctors letters I provided at all in their statement of reasons, despite me having a functional exam in one of them showing limited mobility), do I risk being fined/ordered to pay back my previous award that was granted between 2016-2019?

Are the tribunal getting above their station? I assumed the 2016-2019 is a separate decision and as it was never appealed against, would be completely separate. The appeal that has gone to the tribunal has been the 2019-present one, which I want to continue appealing but am feeling intimidated now.


What should I do?


Please help as I only have less than 2 weeks to reply to them.

Thanks

Replies

  • MrsnMrsn
    276 posts
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    Unfortunately I’m not in the position to give you any in-depth advice but my understanding of their response is that they aren’t intending to do anything about the previous award.

    Therefore you are certainly free to appeal the decision for 2019. If the CAB advisor feels you have a reasonable prospect of a different outcome and you are mentally prepared for the time and energy it will take then I see no reason why you shouldn’t but I am not an expert in these matters.
  • calcotticalcotti
    4.7K posts
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    Your CAB representative who is familiar with the full facts is in a much better position to advise you than anyone on this forum.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • edited 17 January at 4:27PM
    Alice_HoltAlice_Holt
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    edited 17 January at 4:27PM
    One bit of advice I would give you is (that if your representative does get the decision overturned on a point of law) opt for an oral hearing and give verbal evidence in person.
    You are much, much likely to succeed by explaining your day to day life at the hearing.
    Otherwise the only evidence the tribunal panel may have before them is from the DWP.

    You could reapply for PIP, of course.

    Unless your previous claim was fraudulent, you will not have to "pay back" monies from the previous award.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • CherrysconeCherryscone
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    Defo Appeal and opt for an oral hearing this time
    :starmod:
    ~We are all going to hell and guess whos driving the bus~
    :dance: *Norn Iron club Member 294*:coffee:

    https://www.topcashback.co.uk/ref/spottylegs
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