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DWP contacted me
- Imuyatwa
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2 years 5 months ago #272649 by Imuyatwa
DWP contacted me was created by Imuyatwa
Good afternoon,
I recently submitted a tribunal appeal for PIP.
Today, Sunday I got a call from DWP asking if I can consider a standard award as having looked at my claim they now reckon it should have been given at standard mobility and living.
I said I'd have to ask my advisor from my local council and they said they'll call me tomorrow.
What should I say? Should I accept their offer or wait for the tribunal appeal outcome? Please advise.
I recently submitted a tribunal appeal for PIP.
Today, Sunday I got a call from DWP asking if I can consider a standard award as having looked at my claim they now reckon it should have been given at standard mobility and living.
I said I'd have to ask my advisor from my local council and they said they'll call me tomorrow.
What should I say? Should I accept their offer or wait for the tribunal appeal outcome? Please advise.
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- LL26
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2 years 5 months ago #272653 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP contacted me
Hi Imuyatwa,
The six million dollar question!
I think you and your advisor need to calculate what points should have realistically been awarded.
How disabled are you? To get enhanced rate you need to show you are severely limited by your health condition. If you count your scores based on the disabilities outlined on the claim form/MR, and it comes to 8-11 you won't get enhanced. Likewise if you don't have a very strong case for standard level, then it isprobably worth taking the offer.
However if your realistic scores are well in excess of 12 points this indicates that enhanced rate is definitely a possibility and this might mean you should continue at appeal.
DWP may either be saying we recognise disabilities of standard level or we are offering less as damage limitation. It is hard to know what DWP thinking is, without knowing your full history and disabilities. This us something you will need to discuss with your advisor. That said, if you are very nervous and stressful, you may wish to consider this as a factor also.
There is another possible outcome. If you believe enhanced rate/s is correct, you could ask DWP to revise the decision and for them pay the standard rate, but still appeal that revised decision. (Which could be done by lodging a second appeal as MR is already done.)
If the standard award is already made, this gives protection as any tribunal will need to explain properly why the existing award is being reduced. The tribunal need not examine the existing award, and could simply be asked to examine contentious areas only.
(as per section 12(8)(a) of the Social Security Act 1998).
I hope this helps.
LL26
The six million dollar question!
I think you and your advisor need to calculate what points should have realistically been awarded.
How disabled are you? To get enhanced rate you need to show you are severely limited by your health condition. If you count your scores based on the disabilities outlined on the claim form/MR, and it comes to 8-11 you won't get enhanced. Likewise if you don't have a very strong case for standard level, then it isprobably worth taking the offer.
However if your realistic scores are well in excess of 12 points this indicates that enhanced rate is definitely a possibility and this might mean you should continue at appeal.
DWP may either be saying we recognise disabilities of standard level or we are offering less as damage limitation. It is hard to know what DWP thinking is, without knowing your full history and disabilities. This us something you will need to discuss with your advisor. That said, if you are very nervous and stressful, you may wish to consider this as a factor also.
There is another possible outcome. If you believe enhanced rate/s is correct, you could ask DWP to revise the decision and for them pay the standard rate, but still appeal that revised decision. (Which could be done by lodging a second appeal as MR is already done.)
If the standard award is already made, this gives protection as any tribunal will need to explain properly why the existing award is being reduced. The tribunal need not examine the existing award, and could simply be asked to examine contentious areas only.
(as per section 12(8)(a) of the Social Security Act 1998).
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Imuyatwa
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2 years 5 months ago #272662 by Imuyatwa
Replied by Imuyatwa on topic DWP contacted me
Thanks Ll26, Yes that is the quandary! I really am stuck as last time around they let me go to tribunal without any contact! Thanks for your advice though, makes sense.
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- PDix
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2 years 5 months ago #272717 by PDix
Replied by PDix on topic DWP contacted me
When I applied for PIP 2 years ago I was initially awarded standard living. I thought this was weird as I was on my third Blue Badge so I did an MR. I was then awarded standard mobility and enhanced living. As I struggle to stand I decided to appeal. After a few weeks I got a phone call offering me enhanced living and mobility.
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2 years 5 months ago #272748 by Imuyatwa
Replied by Imuyatwa on topic DWP contacted me
Thanks Mollie. With the DWP nothing is ever straight forward unfortunately.
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