PIP appeal – health improved before hearing

Hi,

Recent successful PIP appeal, awarded enhanced daily living for 12 months from the decision under appeal. In the decision notice the tribunal explained why there was a time limited award of EDL (which we agreed with) but made reference to an ongoing entitlement to standard DL including which activities and points would be relevant going forward.

I expected a ‘stepped’ award in this situation but they have instead stated that a new claim should have been made when the change occurred and that a new decision maker is not bound by their decision.

Is this approach right? if not am I better going for set aside or written reasons and appeal to upper tribunal?

Any help much appreciated
http://dlvr.it/RfFfSh

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