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Information in regard to withdrawing a PIP appeal?
- foss27
8 years 4 months ago #145944 by foss27
Replied by foss27 on topic Information in regard to withdrawing a PIP appeal?
Perhaps it feels a little like it because it knda is.
They are giving you part of what you wanted but you risk it if you go ahead with the appeal.
Really you need to weigh up the pros and cons and how convinced you are of your right to the award(s).
They are giving you part of what you wanted but you risk it if you go ahead with the appeal.
Really you need to weigh up the pros and cons and how convinced you are of your right to the award(s).
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- Gordon
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8 years 4 months ago #145951 by Gordon
As posted before, you need to contact the DWP to find out what is going on, you need to know whether the appeal has been cancelled or is still in effect. If it is still on-going then you might want to issue a SAR for any recording that was made of your conversation with the DM, otherwise you may struggle to show that the offer was actually made.
Gordon
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Replied by Gordon on topic Information in regard to withdrawing a PIP appeal?
Invisible-Man wrote: Hmmmm,
I realise that they would contact me with the updated decision, but
So by the DWP phoning to see if I would be happy with the new decision that they were willing to give (with apeal lapsing) before giving it and not mentioning that I would have a right to appeal again for the daily living that they were not going to upgrade a bit naughty.......
I did not know until after the telephone call and only recently that I would get fresh appeal rights, therefore I said that I would not be happy for the appeal to lapse without getting all that I am appealing.....
So, is the DWP right in not changing the enhanced mobility that they now beleive I am entitled to and allow the appeal to carry on?
Feels a bit like blackmail to me!
As posted before, you need to contact the DWP to find out what is going on, you need to know whether the appeal has been cancelled or is still in effect. If it is still on-going then you might want to issue a SAR for any recording that was made of your conversation with the DM, otherwise you may struggle to show that the offer was actually made.
Gordon
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- Invisible-Man
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8 years 4 months ago #145958 by Invisible-Man
Replied by Invisible-Man on topic Information in regard to withdrawing a PIP appeal?
No the appeal has not been cancelled,
I have received the DWP appeal response papers now, no need for SAR as the offer made is stated on the appeal paperwork that they accept that I should have 12 points for mobility from 10 previously........they also admit one point should be added to the the daily living activity for accepting help to get in/out of shower but would only total 9 points so would not change benefit......
So the information is in black and white.......I would like to know what would happen if I were to lapse the appeal, would they then change the decision to what they accept I am entitled to?
It must be morally wrong for the DWP pressurising you to be show satisfation with giving you partly what you want before lapsing the appeal, especially when they fail to mention that you would have the right to appeal the new decision.......
Perhaps I should just phone them stating that I was orinally misled as they failed to inform me at the time of offer that I could of course appeal the new decision even though I have to show satisfation to the offer for it to lapse the appeal........
Without mentioning the new right of appeal makes you feel pressured into accepting their offer or risk loosing out at appeal.
I have received the DWP appeal response papers now, no need for SAR as the offer made is stated on the appeal paperwork that they accept that I should have 12 points for mobility from 10 previously........they also admit one point should be added to the the daily living activity for accepting help to get in/out of shower but would only total 9 points so would not change benefit......
So the information is in black and white.......I would like to know what would happen if I were to lapse the appeal, would they then change the decision to what they accept I am entitled to?
It must be morally wrong for the DWP pressurising you to be show satisfation with giving you partly what you want before lapsing the appeal, especially when they fail to mention that you would have the right to appeal the new decision.......
Perhaps I should just phone them stating that I was orinally misled as they failed to inform me at the time of offer that I could of course appeal the new decision even though I have to show satisfation to the offer for it to lapse the appeal........
Without mentioning the new right of appeal makes you feel pressured into accepting their offer or risk loosing out at appeal.
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- Gordon
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8 years 4 months ago #145978 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Information in regard to withdrawing a PIP appeal?
Invisible-Man
If you don't want to follow through with the appeal then I would contact the DWP to have their revised Decision implemented and they should then lapse the appeal, I would not do it the other way around in case the DWP decide that as you turned down the revision it is no longer applicable.
Gordon
If you don't want to follow through with the appeal then I would contact the DWP to have their revised Decision implemented and they should then lapse the appeal, I would not do it the other way around in case the DWP decide that as you turned down the revision it is no longer applicable.
Gordon
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- Invisible-Man
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8 years 4 months ago #146012 by Invisible-Man
Replied by Invisible-Man on topic Information in regard to withdrawing a PIP appeal?
Thanks Gordon,
So if I was to contact them in this regard and they say well are you going to be happy with the revised decision then I don't think that I should have to answer this (as before) as I will get new appeal rights, and which they are obviously trying to steer me away from using it........
and if I do use the appeal for the remainder of the award (enhanced daily living), they will most likely respond to the appeal by saying that the claimant stated that he was happy with the revised decision but has now appealed it, making the claiment look bad......this is my point I guess
So if I was to contact them in this regard and they say well are you going to be happy with the revised decision then I don't think that I should have to answer this (as before) as I will get new appeal rights, and which they are obviously trying to steer me away from using it........
and if I do use the appeal for the remainder of the award (enhanced daily living), they will most likely respond to the appeal by saying that the claimant stated that he was happy with the revised decision but has now appealed it, making the claiment look bad......this is my point I guess
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- Gordon
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8 years 4 months ago #146021 by Gordon
The Tribunal Service are only concerned with whether the claimant meets the criteria or not, they won't look on you badly for rejecting the new DWP Decision, however, you do need to be aware that they are not bound by it, they will make their own Decision which could mean they leave you on Standard Mobility, if this happens then you cannot go back to the DWP, that will be the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Information in regard to withdrawing a PIP appeal?
Invisible-Man wrote: Thanks Gordon,
So if I was to contact them in this regard and they say well are you going to be happy with the revised decision then I don't think that I should have to answer this (as before) as I will get new appeal rights, and which they are obviously trying to steer me away from using it........
and if I do use the appeal for the remainder of the award (enhanced daily living), they will most likely respond to the appeal by saying that the claimant stated that he was happy with the revised decision but has now appealed it, making the claiment look bad......this is my point I guess
The Tribunal Service are only concerned with whether the claimant meets the criteria or not, they won't look on you badly for rejecting the new DWP Decision, however, you do need to be aware that they are not bound by it, they will make their own Decision which could mean they leave you on Standard Mobility, if this happens then you cannot go back to the DWP, that will be the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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