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Do PIP appeal tribunals warn in advance if they are minded to remove PIP benefits already awarded.

MatildaMatilda Member Posts: 2,616 Disability Gamechanger
I thought that tribunals will usually warn a claimant beforehand if they are minded to reduce/remove PIP benefits already awarded, thus allowing the claimant to withdraw their appeal at that stage and keep benefits already awarded.

However, another member has posted that after appeal their PIP benefits already awarded were further reduced.  Though the member didn't say whether or not they were given an opportunity to withdraw their appeal because the tribunal wished to reduce their benefits further.

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Matilda,

    A tribunal can consider reducing an award of PIP. You should be given notice of this, and a chance to prepare your case properly and make representations or consider asking for an adjournment or withdrawing your appeal. However you do need the tribunals permission to withdraw the appeal at the actual hearing.

    This is why having a representative who understands tribunal practice and procedure can increase your chances of being successful. 

    Best wishes,

    Michael

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thank you, Michael

    In practice, if a tribunal only considers reducing/removing at the hearing itself for them to say so and give the claimant an opportunity to withdraw their appeal?

    In practice would a representative who understands tribunal practice and procedure have to be a solicitor?


  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited December 2016
    Hi Matilda

    In answer to your first question, yes a tribunal should, as Michael says, give you notice if they are considering lowering an award and thus providing an opportunity to request an adjournment or ask to withdraw your appeal. However as Michael also says you need the permission of the tribunal to withdraw the appeal at the actual hearing.

    In answer to your second question, a good tribunal representative does not have to be a solicitor and in my experience there are excellent representatives employed at law centres and CABx. Sadly, there is no recognised qualification attached to the role of a tribunal representative and you do not need to be legally qualified so you do see a range of differing abilities. On that basis you do need to take care and I personally would be wary of paying for such a service when it could be available for free. If you are looking for a representative I would suggest asking your MP or a local councillor if they could recommend someone as a good place to start.

    Best wishes

    Paul
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thank you, Paul.

    For example, say the tribunal were to decide half-way through my hearing that they wanted to remove either or both of my standard PIP awards, in practice would they then inform me of their wishes at that point and, again, at that point give me permission to withdraw my appeal at that stage, allowing me to keep both standard awards?
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Matilda

    Based on my experience I think it is unlikely for the scenario you describe to happen because most tribunals in my view are not looking to reduce awards and if they were considering doing so they would more than likely inform you at the start.

    If a tribunal didn't warn you and then went on to remove or lower an award then any decision they make could be seen as being unfair to the appellant and would stand a good chance of being set aside if challenged on that basis.

    Again in my experience the vast majority of tribunals get it right and are fair to all parties and although they can lower or remove awards, in practice this very rarely happens. Remember the percentage of PIP appeals succeeding at tribunal is around the 60% mark so try not to worry about something that in my view is unlikely to happen.

    Hope that helps

    Best wishes

    Paul
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thank you, Paul.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Thank you, Paul, that's very helpful.
  • dwaynekya1dwaynekya1 Member Posts: 1 Listener
    Hi I've Wone pip and been told I'm going to get my money backdated but I don't know when. Plus I know dwp can challenge it. Can anybody tell me what happens now .
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi dwaynekya1

    It is quite rare that the DWP challenges first tier tribunal decisions and it must do so within one month of the date the decision was made. If it does it will delay changing its decision.

    In most cases the decision is changed fairly quickly by the DWP and the arrears are paid. If it takes longer than a couple of weeks you might like to look into it further and make a complaint unless the DWP is in fact seeking leave to appeal to the Upper Tribunal.

    David
    PS. It is better to start a new thread when making a new post!
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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