Pip appeal — Scope | Disability forum
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Pip appeal

bcfc
bcfc Community member Posts: 36 Courageous
edited February 2023 in PIP, DLA, and AA
Hi all about December I put on about my pip decision which came back 0 points on everything I phoned for mandatory  reconsideration was met with a rude man as I said. I have since  asked for appeal the tribunal sent me a letter with reference  on & said dwp have 24 days to reply. then said don't send any evidence yet its best to wait until dwp have responded & sent them & me their report then to send what evidence I have & anything  else I want to say. in the meantime  I asked for a recording  of the individual who spoke rudely to me when I put in for MR  because I thought it might  be useful for my tribunal  appeal. anyway today I get a text message from dwp saying they have looked again & have changed  their decision but I have to ring to aggree I find this confusing because why now  when all the evidence was there  at the beginning  & further evidence  that I sent. 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger
    Before DWP respond to hearing they will review all your information again and sometimes make an offer of an award. You can accept that award to have something in payment but when you do your appeal will lapse. You can then request the Tribunal again if you're not happy with either the award or the length of award you were given. Your timescale will start again when you request it.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Thanks for the reply I guess they offer low on both. I'll  stick with tribunal 
  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger
    bcfc said:
    Thanks for the reply I guess they offer low on both. I'll  stick with tribunal 

    If they haven't told you what their offer is then how do you know? As i advised, if you don't currently have a PIP award in payment then you can accept their offer, at least then you'll have something in payment. Once the award is in payment you can then request the Tribunal again.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Hi poppy they did offer standard on both I said no I will go to tribunal
  • nasturtium
    nasturtium Community member Posts: 376 Pioneering
    edited February 2023
    Hello bcfc
    Because you have zero points (no award) I would strongly advise you to accept the offer and wait until the award offered has been put into payment. The reason for this is if you continue with the tribunal with no award then there is a risk that the tribunal will award you either no award, just daily living or just mobility and no daily living. If you go to tribunal with an existing award (your offer of standard daily living and standard mobility) then if the tribunal think that your current award will be reduced then they will notify you and give you the oppotunity to withdraw your appeal. So it is a win win situation if you accept the award. If you do not accept the offer you will have Zero payment while you are waiting for your tribunal date which could be several months. Accept the offer and you will have monthly payments coming in and if you decide to appeal again after the offer has been put into payment then you will be getting money while you are waiting for your tribunal date.
    Hope this has been of help.
    Nasturtium
    How to challenge a PIP award that has been reduced at Review https://forum.scope.org.uk/discussion/comment/696285#Comment_696285
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Thanks but I have already  said no to the offer so don't think I can phone back & accept it I should have  asked the forum for advice but thanks
  • nasturtium
    nasturtium Community member Posts: 376 Pioneering
    edited February 2023
    bcfc said:
    Thanks but I have already  said no to the offer so don't think I can phone back & accept it I should have  asked the forum for advice but thanks
    I would advise that you telephone the DWP first thing tommorrow and say to them following welfare advice you have been advised to accept the offer and that is what I would like to do if the offer is still available and you will stop your appeal. The DWP will then if they are still willing to give you there offer notify the tribunal and your appeal will be stopped.  Just say you refused the offer before you seeked advise and you felt you did wrong by doing this. You might still be able to get the offer accepted if the DWP are willing. There is no harm in trying.
    How to challenge a PIP award that has been reduced at Review https://forum.scope.org.uk/discussion/comment/696285#Comment_696285
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Thanks I'll  do that & let you know
  • bcfc
    bcfc Community member Posts: 36 Courageous
    I phoned this  morning & said if the offer is still there  I will accept the lady said she will put it through & if it is they will let me know 
  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger
    bcfc said:
    Thanks but I have already  said no to the offer so don't think I can phone back & accept it I should have  asked the forum for advice but thanks

    I did advise you here..
    You can accept that award to have something in payment but when you do your appeal will lapse. You can then request the Tribunal again if you're not happy with either the award or the length of award you were given. Your timescale will start again when you request it.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    I know your right we'll  see what happens next couple of days I'll  keep the forum informed 
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Hi all I had a text  this morning  from dwp & they have allowed  me to accept  their offer  of standard on both  so I will have some payment coming in. & I will still appeal. so thanks for the advice 
  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger
    Your current appeal will now lapse. Once your award is in payment you can then request another Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Ok will that be on the letter they are sending
  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger
    The decision letter will have details on it how to appeal but you do it in the same way you did with your current one. You don't need to do the MR first because you've already done that stage.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Ok. Thanks & poppy & nasturtium for the advice I'll  let you know what happens  in next few months 
  • nasturtium
    nasturtium Community member Posts: 376 Pioneering
    edited February 2023
    Good News bcfc I am pleased that they have given you there offer. You now have a monthly payment and an award.
    I would just like to inform you to wait for the award letter and the award to be put into payment before you proceed further to appeal like poppy advised.
    I would also like to advise and mention that you have 13 months to appeal after a descision on an award has been made. So my advise would be not to rush into applying for appeal straight away now you have an award in place. Take your time and get professional advice from an experienced welfare rights agance before you put forward an appeal. You can do a search for your local welfare advice center here by putting in your postcode. https://advicelocal.uk/welfare-benefits
    Now you have an ward from the DWP you will be having a Review and that means the DWP can increase your existing award but they can also decrease the award but the have to give credible and detailed reasons why your award should be reduced and how your condition has improved to merit the reduction in award.
    If you had an award by Tribunal you would need to put in a new application and start from the begining and the possability of having zero award again and having to goto tribunal. With the award you have now if reduced at review stage you can argue that the DWP have not given credible reasons to reduce your award and you could have the existing award reinstared or increased.
    Nasturtium
    How to challenge a PIP award that has been reduced at Review https://forum.scope.org.uk/discussion/comment/696285#Comment_696285
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Thanks I'll  bear all that in mind 
  • poppy123456
    poppy123456 Community member Posts: 52,386 Disability Gamechanger

    I would also like to advise and mention that you have 13 months to appeal after a descision on an award has been made.
    Just to add further to this. If it's outside of the 1 month timescale you do need to make sure why you didn't request it within that first month. HMCTS are unlikely to refuse an appeal request outside of the 1 month.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • bcfc
    bcfc Community member Posts: 36 Courageous
    Ok poppy thanks 

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