- Posts: 4
× Members
Tribunal and likelihood of offer?
- proj1
- Topic Author
- Offline
Less More
3 months 4 days ago #298196 by proj1
Tribunal and likelihood of offer? was created by proj1
Hello all,
My son has applied for PIP and was awarded 4 points for daily living and 10 points for mobility.
He has back problems but all points and most descriptors referred to his autism/Asperger's (high functioning). He lives away from home at university and receives DSA and support from his university. We video call every day, and either he or we visit frequently. We support him a lot - he does struggle with daily living, but this hasn't been reflected in the points that he has been awarded.
His assessor wasn't very helpful and originally awarded him 0 for everything, copying and pasting in every that him 'studying cyber security at university indicates adequate cognition...'.
We submitted a Mandatory Reconsideration, including plenty of documentation from his DSA assessments, reports and university, also quoting pertinent areas from reports in a cover letter. The MR notice states that the decision has been maintained. The letter didn't provide very much information - they have said that DWP believes that the right points have been awarded.
We are considering whether to appeal to tribunal, and have read that many claimants have received offers of settlement before tribunal. We wouldn't want my son to lose his current entitlement, though I have also read that if the case were to go to a hearing - the tribunal will state that the award may be at risk if they are considering reducing it?
My questions are:
1. What might the chances of a successful appeal be, please?
2. What might the likelihood of DWP making a settlement offer before tribunal be, please?
3. In terms of offers before tribunal - at point would we know if we won't receive an offer?
3. If an award is reduced further or removed completely - will DWP ask for money paid already back, please?
Thank you in advance.
My son has applied for PIP and was awarded 4 points for daily living and 10 points for mobility.
He has back problems but all points and most descriptors referred to his autism/Asperger's (high functioning). He lives away from home at university and receives DSA and support from his university. We video call every day, and either he or we visit frequently. We support him a lot - he does struggle with daily living, but this hasn't been reflected in the points that he has been awarded.
His assessor wasn't very helpful and originally awarded him 0 for everything, copying and pasting in every that him 'studying cyber security at university indicates adequate cognition...'.
We submitted a Mandatory Reconsideration, including plenty of documentation from his DSA assessments, reports and university, also quoting pertinent areas from reports in a cover letter. The MR notice states that the decision has been maintained. The letter didn't provide very much information - they have said that DWP believes that the right points have been awarded.
We are considering whether to appeal to tribunal, and have read that many claimants have received offers of settlement before tribunal. We wouldn't want my son to lose his current entitlement, though I have also read that if the case were to go to a hearing - the tribunal will state that the award may be at risk if they are considering reducing it?
My questions are:
1. What might the chances of a successful appeal be, please?
2. What might the likelihood of DWP making a settlement offer before tribunal be, please?
3. In terms of offers before tribunal - at point would we know if we won't receive an offer?
3. If an award is reduced further or removed completely - will DWP ask for money paid already back, please?
Thank you in advance.
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
3 months 4 days ago #298215 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal and likelihood of offer?
Hi proj1
The first question I would ask you, have you requested a copy of the assessors report called a PA4. Once you get the report go through it with a highlighter highlighting any inaccuracies or errors, if you can tie them in with any supporting documents you have used so much the better.
In answer to your questions;
1. recent stats show success 60%.
2. No idea, it would depend on your submission and supporting documents.
3. Usually a week before the Tribunal but it can go down to the wire.
4. No, any change in benefits is due to a decision being made at that time. Money is only asked to be repaid if it was claimed fraudulently.
Gary
The first question I would ask you, have you requested a copy of the assessors report called a PA4. Once you get the report go through it with a highlighter highlighting any inaccuracies or errors, if you can tie them in with any supporting documents you have used so much the better.
In answer to your questions;
1. recent stats show success 60%.
2. No idea, it would depend on your submission and supporting documents.
3. Usually a week before the Tribunal but it can go down to the wire.
4. No, any change in benefits is due to a decision being made at that time. Money is only asked to be repaid if it was claimed fraudulently.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jane
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David