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DWP phone offer before PIP tribunal
- JaneC
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1 year 2 months ago #283130 by JaneC
DWP phone offer before PIP tribunal was created by JaneC
Hi - I am helping with a PIP tribunal case. The appeal has been lodged and DWP were meant to send bundle by 1st September. They have not sent bundle but on 2nd September (a Saturday!)phoned and offered standard rate for both DL and mobility. However we feel that award should be at enhanced rate - condition is MS and friend has deteriorated a lot and will continue to do so. 0 points were awarded for PIP claim (DWP decision has based it on claim from 2019 and appear to have disregarded PA4 report done in Feb 2023 which suggests 11 points for DL and 10 for mobility) - submitted MR plus more medical evidence and again 0 points. Now suddenly received phone offer but not paperwork from DWP (so after 4 week window) - friend feels that this would give him a lump sum and a weekly payment and is anxious that if refuses offer may not get anything. Feel that it is a strong case to take to tribunal but if DWP offer refused will this harm case?
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- Gary
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1 year 2 months ago #283150 by Gary
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Replied by Gary on topic DWP phone offer before PIP tribunal
Hi JC58
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
I have come across this issue a number of times, I always leave it up to the claimant to decide, quite often then take the DWP's offer due to stress and anxiety.
On the forum we have heard from a number of members who have argued with the caller and received an increase offer and others who have carried on with the appeal and received the enhanced rate, but there is always the risk of not receiving anything, although if DWP have made an offer then the risk is quite small.
You have to weigh up from the evidence you have the best option for your friend.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
I have come across this issue a number of times, I always leave it up to the claimant to decide, quite often then take the DWP's offer due to stress and anxiety.
On the forum we have heard from a number of members who have argued with the caller and received an increase offer and others who have carried on with the appeal and received the enhanced rate, but there is always the risk of not receiving anything, although if DWP have made an offer then the risk is quite small.
You have to weigh up from the evidence you have the best option for your friend.
Gary
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- Waxwing
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1 year 2 months ago #283161 by Waxwing
Replied by Waxwing on topic DWP phone offer before PIP tribunal
Hello
I am not an expert in any of this so if I say something incorrect then I would be happy if a Mod can correct me but it is in my opinion that you can accept the offer then wait until the new award letter arrives then submit a new appeal. So if your friend is anxious about losing the offer then he can accept the offer have standard for both and have the lump sum and weekly income then later put in an appeal again for a higher award. If it goes to appeal then his award for standard on both would be safe because the tribunal will give your friend a warning that his award for standard on both would be at risk and he will have the opitunity to remove his appeal and keeping the award for standard on both.
Again this is what I would do personally if I was in your friends position that way your friend has a weekly income and nothing to lose
Just my personal thoughts if they are any help to you or anyone else in a similar situation.
Waxwing
I am not an expert in any of this so if I say something incorrect then I would be happy if a Mod can correct me but it is in my opinion that you can accept the offer then wait until the new award letter arrives then submit a new appeal. So if your friend is anxious about losing the offer then he can accept the offer have standard for both and have the lump sum and weekly income then later put in an appeal again for a higher award. If it goes to appeal then his award for standard on both would be safe because the tribunal will give your friend a warning that his award for standard on both would be at risk and he will have the opitunity to remove his appeal and keeping the award for standard on both.
Again this is what I would do personally if I was in your friends position that way your friend has a weekly income and nothing to lose
Just my personal thoughts if they are any help to you or anyone else in a similar situation.
Waxwing
The following user(s) said Thank You: an ex nurse
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- JaneC
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1 year 2 months ago #283274 by JaneC
Replied by JaneC on topic DWP phone offer before PIP tribunal
Hi
Thank you both for replies. I did a bit of research online and found that there had been a judicial case in July 2021 and the attached document is the guidance the DWP is now meant to follow. This is a link to the case publiclawproject.org.uk/latest/dwp-to-st...-low-benefit-offers/
From this it would seem that you can accept the offer and then appeal when you get the 'decision letter' from the DWP- which would mean my friend would get some money in the meantime. However, I wasn't sure if the appeal once the letter was received would be an MR or would be another appeal to tribunal? Do you know?
Thanks
Thank you both for replies. I did a bit of research online and found that there had been a judicial case in July 2021 and the attached document is the guidance the DWP is now meant to follow. This is a link to the case publiclawproject.org.uk/latest/dwp-to-st...-low-benefit-offers/
From this it would seem that you can accept the offer and then appeal when you get the 'decision letter' from the DWP- which would mean my friend would get some money in the meantime. However, I wasn't sure if the appeal once the letter was received would be an MR or would be another appeal to tribunal? Do you know?
Thanks
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- Chris
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1 year 2 months ago - 1 year 2 months ago #283279 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic DWP phone offer before PIP tribunal
Hi JC58,
I believe the stages are:-
apply, decision, MR, decision, Courts tribunal - tier one, decision, tier two, outcome - providing you need to contest all that way.
One of the more experienced mods will be able to confirm when they're on in due course.
Regards, Chris.
I believe the stages are:-
apply, decision, MR, decision, Courts tribunal - tier one, decision, tier two, outcome - providing you need to contest all that way.
One of the more experienced mods will be able to confirm when they're on in due course.
Regards, Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 2 months ago by Chris. Reason: spelling
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- Gordon
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1 year 2 months ago #283283 by Gordon
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Replied by Gordon on topic DWP phone offer before PIP tribunal
J
It would be a new appeal.
Gordon
It would be a new appeal.
Gordon
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