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PIP missed phone call

madmaddden

The situation: Had a telephone assessment back in February, at the end of the assessment the lady volunteered to me "You done well" which raised my hopes but a few weeks later got the letter and only 2 points given by the decision maker. I did the mandatory reconsideration with same outcome then I appealed which had to be done by April 28th.

Today: Got a phone call this morning at 9.45am which I ignored because I did not recognize it (0800 023 2635) followed swiftly by a text which says "We tried to call you about your PIP (etc blah blah blah) we'll ring again today 10.00-10.15am" - only 15 minutes later which made it sound urgent. They did not call back but I would not have answered it anyway as I had two relatives here at that time. About an hour later got a text and email from PIP appeals (HMCTS) saying they had a response from DWP about my PIP appeal and I am to expect it in the post - I assume that means the appeal proceeds as normal and a date will be set at some point in the next few months for a hearing but I have not read anywhere it is normal for PIP to call you to tell you that they have looked at everything again and there is still no change? After googling what the call may have been I was thinking the call may have been an offer to prevent a tribunal but as I did not answer I will never know. Surely they would just write to me. Any ideas anyone?

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Comments

poppy123456

Before they respond they usually look at everything again and if they have any questions they may ring you. From there they may make an offer of an award but not always. My thoughts are that if they were going to make an offer they would have rang you back.

The Tribunal hearing will not proceed as normal but you could be waiting several months, potentially longer for a date.

It has also been known for them to make an offer even after they've responded but it's rare.

madmaddden

Thank you. HMCTS email/texts inform me to expect a letter off DWP since I did not answer the phone from them. I will post back if the letter is an award/offer OR no change and a long wait for an appeal hearing beckons.

madmaddden

Well I got my response - a thick A4 bundles of papers, so whatever that phone call was it was nothing positive.

Just had a quick flap through them and oddly the first thing I noticed was they say I am fine budgeting as I pay all my bills by direct debit, I don't pay any bills by direct debit (maybe I should but that is another matter), how can they get away with that? I can prove it easily by sending them my bank statements, no direct debits just benefit in and cash out, my bills are made at the Post Office/Bank by my brother. Would the tribunal/DWP view me countering that as trivial matter or is it a major thing - to me it is major as it is just plain wrong, it is actually a lie but I know you cannot accuse them of that in an appeal. I have not even looked at the health stuff yet, seems so overwhelming. This is going to be a long haul.

Hannah_Alumni

@madmaddden I can't speak for the DWP or Tribunal. But I would personally say that the fact you need your brothers help to pay your bills speaks for itself. I'm so sorry that it is a lot to go through for you. If you need any support, Scope's Helpline is there for you to talk to too

madmaddden

As I earlier said I ignored phone call then they sent me the bundle of papers to progress the appeal. In the papers they said I paid all my bills by direct debit so it showed I could manage my money, so I sent them my last three bank statements proving no direct debits. Friday morning pleasantly surprised to receive letter saying they have revised their decision and awarding me standard rates of Mobility and Daily Living. No other information was sent to them other than these three bank statements proving their very factual mistake (deliberate mislead?) of how my financial affairs and bills are paid and managed. I did put down a note saying there is so much other things they have got wrong too but did not detail them at this stage. I did not expect them to change their minds because of this particular mistake but they did, just shows that if you can prove they got something wrong no matter how small it may seem to you their case can fall apart.

poppy123456

You can accept their offer, if you want. Then once the award is in payment you can request another Tribunal. At least this way you have some money coming in while you wait.

Adrian_Scope

How are you feeling about their new decision @madmaddden?

madmaddden

I feel it is about right. Awarding no rate at all was unjust and against all the evidence in my view and was not expecting Enhanced from the outset of the claim.

Poppy, they have not presented it as an offer as far as I can see but as a new decision thanks (In my view) to the bank statements showing that they had factually got something wrong and I sent in actual proof. Are they not following procedure? I am quite surprised they changed their mind simply on the basis of the bank statements showing no direct debits - I thought they would have put it aside it as a low level mistake and pushed on towards appeal contesting my claimed health and help needs. If they would have pushed on I would have presented the direct debits issue as just one of many mistakes and misleads from their assessment - maybe that is what the Decision Maker was thinking too?

calcotti

madmaddden said:
Poppy, they have not presented it as an offer as far as I can see but as a new decision thanks (In my view) to the bank statements showing that they had factually got something wrong and I sent in actual proof. Are they not following procedure?

It is a decision but it is usually referred to as an 'offer' because DWP can be only do this, when an appeal has been lodged, if you agree to allow them to do . If you say you want to continue to appeal they are not permitted to change the decision (but have to inform the tribunal that they have proposed to change it).