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1 October 2022 | Case Study | Article by Peter Renshaw

Thousands of pounds in back payments after Appeal Hearing

Hugh James were able to secure benefit payment to a client who was previously refused payment. Gavin instructed Hugh James for assistance previously through Legal Aid.

However, after Legal Aid was withdrawn, Gavin returned to us a couple of years later for advice regarding welfare benefits and disability matters.

As we already knew Gavin’s disabilities and how vulnerable he was, we offered our services on a pro bono basis.

Gavin has multiple medical conditions, including depression and emphysema.

Initially, Gavin was in receipt of Employment and Support Allowance (ESA) of less than £73.10 per week after deductions.

We were able to secure a Support Group placement, by way of a challenge, which meant his payments increased to £125.05 per week before deductions.

Gavin also used to receive Disability Living Allowance (DLA) but was invited to apply for Personal Independence Payment (PIP) which was more or less mandatory after the processes were changed nationwide.

However, his application for PIP was refused outright and his DLA payments then stopped.

We assisted Gavin with the relevant challenges which led to an Appeal Hearing on the issue of his PIP entitlement.

After this Hearing, Gavin was made an award of the standard rate Mobility Component of PIP (which is £21.80 per week) and received a current award and a number of months back pay.

Hugh James therefore assisted Gavin with two separate matters over an extended period at no cost.

He secured two lump sums of back payments amounting to around £2,000 plus two increased or additional awards.

Gavin said:

Your help and support exceeded above and beyond all expectations. On a personal point of view, you are an exception to the rule Peter. I cannot thank you enough for all you have done.

Gavin was so pleased with our service that he tried to offer a payment in respect of legal costs but this was not accepted by the firm and so he made a donation to the brain injury charity, Headway.

The names and identifying details of the client have been changed to protect the privacy of individuals involved.

Author bio

Peter Renshaw is the head of our highly regarded Welfare Benefits Department, which has been in existence since the establishment of Potter Rees Dolan Solicitors.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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