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DWP encouraging me to drop my Tribunal Appeal
- Barbara
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3 years 9 months ago #261979 by Barbara
DWP encouraging me to drop my Tribunal Appeal was created by Barbara
I appealed against the result of my PIP assessment. I have progressive MS and my mobility has deteriorated a lot. The result was to drop from enhanced to standard for Daily Living and still stuck at standard Mobility component. After no change from Mandatory Reconsideration I decided to ask for a Tribunal appeal. I had a phone call today from DWP saying they could restore my enhanced Daily Living, but the Tribunal probably wouldn't change my Mobility component -"did I still want to appeal, after all I stated that I could walk 20-50m?" I did say that I could do it on a good day, but I couldn't do it safely, in a timely manner or repeatedly. Now she's going to discuss it with a colleague and get back to me. I feel really shaken up, but I'm determined to appeal. Does anyone have any experience of this sort of 'bargaining'?
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- Catherine
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3 years 9 months ago #261996 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic DWP encouraging me to drop my Tribunal Appeal
Hello Barbara,
Your full name seems to be showing, if you wish to change it, this tells you how.
Once you have submitted appeal papers to the Tribunal Service they send a copy of everything to the DWP. At this stage it is not uncommon for the DWP to change their minds and offer an increased award. I was once talking to someone at the DWP about this and he explained that at that stage the papers are looked at by people higher up in the organisation who have more discretion.
I have only experienced this come back from the DWP when they have offered everything the claimant what we believed was the correct award. Yours is a much less satisfactory position in that you have been offered part of what you think you should get.
I don’t believe that it is a bargaining as such, just a renewed offer, a bit like a super MR. If they don’t come back with an improved offer and you do decide to continue to appeal make sure that you submit additional evidence to the court to say that the DWP did offer you enhanced Daily Living on such and such a date.
I hope that little bit of insight makes you feel a bit less stressed, although I appreciate it is a horrible position to find yourself in. Hopefully they will however come back with good news about an increased mobility award.
Catherine
Your full name seems to be showing, if you wish to change it, this tells you how.
Once you have submitted appeal papers to the Tribunal Service they send a copy of everything to the DWP. At this stage it is not uncommon for the DWP to change their minds and offer an increased award. I was once talking to someone at the DWP about this and he explained that at that stage the papers are looked at by people higher up in the organisation who have more discretion.
I have only experienced this come back from the DWP when they have offered everything the claimant what we believed was the correct award. Yours is a much less satisfactory position in that you have been offered part of what you think you should get.
I don’t believe that it is a bargaining as such, just a renewed offer, a bit like a super MR. If they don’t come back with an improved offer and you do decide to continue to appeal make sure that you submit additional evidence to the court to say that the DWP did offer you enhanced Daily Living on such and such a date.
I hope that little bit of insight makes you feel a bit less stressed, although I appreciate it is a horrible position to find yourself in. Hopefully they will however come back with good news about an increased mobility award.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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3 years 9 months ago #262005 by Gordon
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Replied by Gordon on topic DWP encouraging me to drop my Tribunal Appeal
B
Just to clarify.
You do have the option of accepting the DWP's offer and then requesting a new Appeal (you don't need another MR), the DWP should have made it clear to you that this was an option when they contacted you.
Just don't mention your intention to make a further appeal if you decide to accept their offer as they will withdraw it.
Gordon
Just to clarify.
You do have the option of accepting the DWP's offer and then requesting a new Appeal (you don't need another MR), the DWP should have made it clear to you that this was an option when they contacted you.
Just don't mention your intention to make a further appeal if you decide to accept their offer as they will withdraw it.
Gordon
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- an ex nurse
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3 years 9 months ago #262009 by an ex nurse
Replied by an ex nurse on topic DWP encouraging me to drop my Tribunal Appeal
Hi, is it not possible to accept the increased daily living award and then put in a new appeal for the mobility, then at least one element is sorted. I am sure that Gordon has recommended that in the past.
Best wishes
Best wishes
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- Gary
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3 years 9 months ago #262013 by Gary
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Replied by Gary on topic DWP encouraging me to drop my Tribunal Appeal
Hi An ex nurse
You are correct, in fact Gordon has posted on this thread to clarify the situation
Gary
You are correct, in fact Gordon has posted on this thread to clarify the situation

Gary
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- Barbara
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3 years 8 months ago #262191 by Barbara
Replied by Barbara on topic DWP encouraging me to drop my Tribunal Appeal
Thank you all for your comments. On Friday I found out that the DWP have granted me enhanced for both daily living and mobility, so I don't need to go to a Tribunal. it has been an uphill struggle, but I think all of the advice I have got from Benefits and Work had helped me to formulate my arguments. Keep up the good work and many, many thanks..
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