Urgent advice required about revised PIP offer prior to Appeal

Paythefacepainter

I would really appreciate any help with the following, with thanks in advance:
I’ve had a letter from DWP saying they have reconsidered my case and that they will award me Enhanced rate for the daily activities (previously Standard rate) and Standard rate for Mobility (previously only 4 points)- if I drop my appeal. 
I must let then know by this Friday ( 3 February).

On the face of it this is good news as these are the rates I believe I would be due, however, they say I must drop my appeal first and only then will they send me the Award letter. I really don’t trust DWP and am very anxious about how to proceed.

A few weeks ago I got a call from the Appeals team to discuss this proposition and what the caller said was that she would record me as being unable to walk more than 50 metres whereas previously they had accepted that I can’t walk more than 200 metres.  But I did not appeal against the 200 metres decision as I considered this a fair assessment (my appeal re Mobility was that I have huge anxieties and physical difficulties in making a journey alone; she was adamant that they would not be rescoring that particular category).

I don’t know how they work at DWP but the way they have responded to my Appeal makes me very wary. I’ve never said that I can’t walk 50 metres because that would be untrue. I don’t know how they can have the latitude that they seem to have in this regard, nor why they refuse to rescore the category I was appealing against rather than fabricate another- it worries me! 
What would they say in the revised Award Letter and what's to stop them from reviewing in a few months time, or when my paperwork is transferred to Scottish Government administration ?

I should be very grateful for any advice you can offer

bg844

When they know there’s a high chance of a claimant winning a tribunal they will usually offer an award, this is either lower than what you would get in a tribunal or the right award for a shorter time. You may not agree with what the Decision Maker has said around the mobility side of things but by looking at the evidence they have agreed you have difficulty, surely this is a positive thing?

You can accept the revised offer and get the backpayment plus regular 4 weekly payments and appeal the decision again if you think you are entitled to Enhanced/Enhanced. 

Also, if you go to tribunal you will not be reviewed. You will be sent a letter a few weeks before your award (if won) ends and be advised to phone the new claims line to start the process again. If you accept you will be sent a review form and will continue to receive payments even whilst going through the review process.

nasturtium

Paythefacepainter said:

I would really appreciate any help with the following, with thanks in advance:
I’ve had a letter from DWP saying they have reconsidered my case and that they will award me Enhanced rate for the daily activities (previously Standard rate) and Standard rate for Mobility (previously only 4 points)- if I drop my appeal. 
I must let then know by this Friday ( 3 February).

On the face of it this is good news as these are the rates I believe I would be due, however, they say I must drop my appeal first and only then will they send me the Award letter. I really don’t trust DWP and am very anxious about how to proceed.

What you have posted sounds very positive news. If you have it in black and white on letter headed paper from the DWP then ther is nothing to feel anxious about because you have hard proof that they made you the offer.

I personally would advise you to telephone the DWP as soon as possible and accept there offer and accept that you will cancel your appeal. Like @bg844 said you can appeal again if you are not happy with the award but by what you have posted you seem to be happy with the offer so I would strongly advise you accept there offer. There is nothing to be worried or anxious about.

Nasturtium

calcotti

Accept the ‘offer’ and the appeal with lapse. They cannot proceed without your consent because it is you right to continue with the appeal if you so wish.

Even if you thought that you should be entitled to more, accepting the offer would get an award in place and you will be able to lodge a new appeal on the new award (without the need for going through MR).

This process, although not usual, does happen.

nasturtium said:

What you have posted sounds very positive news. If you have it in black and white on letter headed paper from the DWP ..

I personally would advise you to telephone the DWP as soon as possible and accept there offer and accept that you will cancel your appeal.

OP will not have a letter confirming the ‘offer’, they will have to rely on the verbal ‘offer’.

OP will not have to cancel the appeal. If the DWP ‘offer’ is accepted DWP will notify HMCTS that they have revised the award - that will automatically lapse the appeal.

Like previous posters I would accept the offer if in your position.

Paythefacepainter

Thanks for these responses to my post, much appreciated.  And any further comments welcomed.
Calcotti - sorry to be so dim but what do you mean by OP?

calcotti

OP = opening poster (yourself)

nasturtium

Hello @calcotti

calcotti said:

nasturtium said:

What you have posted sounds very positive news. If you have it in black and white on letter headed paper from the DWP ..

I personally would advise you to telephone the DWP as soon as possible and accept there offer and accept that you will cancel your appeal.

OP will not have a letter confirming the ‘offer’, they will have to rely on the verbal ‘offer’.

According to the Origional Post Paythefacepainter did have a letter from the DWP making them an offer:-

Paythefacepainter said:

I would really appreciate any help with the following, with thanks in advance:
I’ve had a letter from DWP saying they have reconsidered my case and that they will award me Enhanced rate for the daily activities (previously Standard rate) and Standard rate for Mobility (previously only 4 points)- if I drop my appeal. 
I must let then know by this Friday ( 3 February).

I understand what you are saying because the majority of times the DWP make an offer over the phone to the claimant but this time it seems the claimant has had the offer by letter. Also the OP wrote there post in a way that suggested that they needed to confirm verbaly that they will cancel (stop) there Tribunal to the DWP so they can then cancel the appeal themselves.   You are correct though the DWP will cancel the appeal and I should have made that clear in my post.

Nasturtium

calcotti

nasturtium said:

According to the Origional Post Paythefacepainter did have a letter from the DWP making them an offer:
….

I understand what you are saying because the majority of times the DWP make an offer over the phone to the claimant but this time it seems the claimant has had the offer by letter. 

Apologies, I completely overlooked reference to a letter - have never heard of an ‘offer’ being made by letter.