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Hi does anyone know for certain, if you are given standard rate of care and higher rate of mobility can you appeal the care part alone without involvement of the mobility award. And vice versa.
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I think you can only appeal one part (Daily living or mobility) during mandatory reconsideration. At appeal the whole award is looked at again.
You have to appeal the decision as a whole but then can state within your reasons what you agree with and what you don’t.
There is a small risk that the appeal could also change the outcome of the part you agree with but it’s unlikely as that would mean they’re contradicting themselves.
General rule of thumb is to appeal every time. My appeal was unsuccessful but didn’t change the initial decision.
If I seem a little strange, that's because I am.
Skoda Karoq SEL.
Mandatory Reconsideration and the Appeal stage will both look at the whole entitlement and reassess. However, you’re less likely to get downgraded at appeal unless there’s something you completely miss out.
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I'll try to give my honest opinion but am always open to learning.Mark
In my personal case I went to tribunal because they lowered my higher rate mobility by two points so did not qualify however at the time of the DLA to PIP review they increased my middle rate care to higher rate care.
When I went down the tribunal route I was warned they could revoke the higher rate care while still not qualifying for higher rate mobility but everyone I spoke to who were in the know as it were said there was no way I’d lose the higher rate care and 99% chance I’d win my higher rate mobility award.
It’s a risk for sure and something you need to think about but like MFillingham and others have said I think there less likely to change the part your not challenging and at my tribunal there was no mention of my care award and they were only concerned with the facts and why I think the DWP got it wrong with the mobility part and why I think I’m right.
At the tribunal I won the higher rate mobility and kept the higher rate care along with a 10 year award as the judge said that I should be awarded for an “on going period” as I’m unlikely to get any better after he asked how long had I been in my current position and I told him 10 years as it was at that time.
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