Appeal is allowed

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Been disability High rate since 2000 with crumbled desks and lower back, when it went to Pip I had to go for an assessment. And was awarded 8 points,so I appealed 8 months later I got appeal, yesterday, 18/09.

id already got 8 points for mobility, but want 12.

they made their decision, judge said you have won your apeal

but on the forms it says "apeal has been allowed" but I still only have 8 points.

Has this happened to anyone else

 

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9 Replies

  • Posted

    Hi,

    So you were originally awarded 8 points (standard) mobility? The you took it to Tribunal and they awarded you 8 points? Hmmm are you sure they haven't awarded you the daily living standard rate? You can't just chose which part to go for at a tribunal because they will look at the whole award again. Please have another read of the letter they sent you. It may well be that you've lost your mobility award and got the Daily living part instead.

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    • Posted

      Hi thanks for the reply.

      when we returned for the results, the Judge said, im pleased to say your apeal has been granted and also we have increased your living allowance.

      surley if you loose one they are going to say, we have awarded you living allowance, but sorry we think that 8 points for mobility is fair.

      Not I am pleased to say you have won your appeal.

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    • Posted

      It very much sounds like to me that your mobility has stayed the same at Standard and you've been awarded the standard Daiy living part, which does infact mean you won. It sounds like it's not what you wanted as you say you wanted Enhanced mobility am i correct? Sadly we can't chose which part they look at. For you to challenge this decision again and take it to the Upper Tier Tribunal it's going to be extremely difficult.

      Firstly you must ask the Tribunal for the statement of reasons, and you have just 28 days in which to do this. Then you must find someone (a lawyer) to represent you and to find an error in law in making the decision. I'll tell you that it's extremely difficult and very rare indeed for a claimant to take it to the Upper Tier Tribunal.

      Also the DWP has as much chance as we have to challenge this decision. Thet also have 28 days to ask for the statement of reasons, and to find an error in law on making that decision for them to appeal it. This of course is very rare and almost never happens.

      The time it takes for DWP to start paying any money is approx 6 weeks and often slightly longer. You've got your payments increased from £22 per week to £77.65 per week. An extra £55.65. I'd say that's a good result.

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    • Posted

      Hi, thanks for the advice,

      it is a good result, but if you can not walk 15yards, without severe pain and breathless, and it's been like this for over 8 years.

      if I'm not allowed higher rate mobility, I would like to know the reason why.

      I have a letter from my GP stating I struggle walking and is sure I could not walk 15 yards with out severe pain,and one from My surgeon Mr Brown.

      it states 20yards is the limit.

      So if I've got 2 letters from professionals, and they could see the  pain I was in at the hearing.

      What is pussling, when we went back in the Judge said

      I'm pleased to say your appeal has been accepted, and also we have increased your living allowance.

       I have been waiting 32 weeks for my apeal, why can't they make things clear, I have learning difficulties, but not bad enough to register for benefits.

      She said when we arrived, on your letter you told us you do not agree to the decision, on the Mobility part also the living part.

      So she knew that I was not happy with the false information on both, and would go through them

      I have no complaints they treated me well.

      So she understood my Apeal was about Points for Mobility and living allowance.

      So when she said your apeal has been granted, congratulations If I'd won living allowance and not the Mobility,

      I'm sure she would have said

      I'd like to say your appeal for living allowance, has been granted but we are afraid we could not award you the 12 points for the Mobility part

      It would make life just a bit easier

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    • Posted

      If you didn't understand what they told you i would advice you to ring the Tribunal today and explain to them exactly this. Tell them when your appeal was and could they please tell you what the decision was again and how many points have you scored for Daily living and mobility.

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  • Posted

    Hi There, 

    I don't think the judge can increase points or decrease them as far as I am

    aware if you have appealed the decision not to award you mobility component and the judge said you have won your appeal what they mean is the judge as set a side the secretary of states decision not to award you the mobility component which means you will now receive it you may have also been awarded living component too check your letter from the judge it should say it on there. All the best! 

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    • Posted

      I'm afraid your advice is wrong. At Tribunal they most certainly can increase or decrease those points. I have no idea what you mean by secretary of state as they play no part what so ever in the decision to award a benefit. My advice in my first post is correct. Thanks smile

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    • Posted

      It won't let me upload a photo but if I could I could post a copy of the appeal letter handed to me by the judge at court which says the secretary of states decision of 03/03/ 17 as been set aside and we have awarded you. What can't speak can't lie. Regards

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    • Posted

      When you are disallowed a benefit the decision maker acts on behalf of the Secretary of State for work and pensions and makes the decision on his behalf. 

      Regards 

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