PIP appeal in Southampton
Mary desperately wanted an award of the enhanced rate of the mobility component, so that she could use the Motability Scheme to get an adapted car. Unfortunately, the DWP awarded only four points for mobility, so no award at all, but she scored 8 points for daily living, giving her standard rate. We went through the PIP test with Mary to see what she should have had and advised that the right award was of the enhanced rate of both components.
The First-tier Tribunal in Southampton agreed with some of what we said but not all. They awarded Mary the standard rate of both components, which we did not agree with. Challenging the tribunal’s decision involved requesting a statement of the tribunal’s reasons for the decision, and identifying at least one ‘error of law’ in that statement. Our request for permission to appeal to the Upper Tribunal was allowed and the Upper Tribunal went on to allow Mary’s appeal, agreeing that there was an error of law in the statement of reasons. Most successful Upper Tribunal appeals result in the First-tier Tribunal’s decision being set aside with a direction that the client’s appeal be re-heard by a different panel, and this is what happened in Mary’s case, so it was back to Southampton to argue her case again.
We were delighted when the second appeal (her third in total) was allowed with awards of the enhanced rate of both PIP components. Mary’s arrears should be around £6,200 but more importantly, she can now get the adapted car. At Disability Claims, we do not give up on a client; unless we are persuaded that our initial assessment was wrong, we carry on to get the client the right award. That took the best part of two years in Mary’s case but she was not complaining.