PIP rang to offer me a deal instead of tribunal

unoitsrong

i first applied for PIP in aug last year, after them not receiving evidence twice, including proof of delivery and them constantly changing their reasons why not to award me points in certain areas which I clearly had evidence for they. I decided to get everything they asked for and more to go up against their reasons why. This was sent special delivery and a descion was made the same day which resulted in the same outcome as before even though I backed up the claims they specifically asked for, upon this decision I rang back and stated how? It’s impossible for those reasons to still stand now you have all the evidence you required. I had a case manager ring me back and state that for some reason all my evidence had been overlooked once again and someone would look over this as she could see there was a lot of detailed evidence supporting my claim. Four weeks later I was awarded a further 2 points which was ridiculous, I decided to appeal to tribunal. I just received a phone call with them offering me a deal to not go to tribunal and in return I will be awarded a 10 points. I declined the offer but it just annoys me how after everything, months and months of them messing me around with all the factors above they now decided they could offer me these extra points on the same evidence they have had for the previous decisions, just goes to show how corrupt this system actually is. I’m really annoyed by this and just hope it finally gets sorted at tribunal where my claim is looked at fairly with no excuses. 

As anyone else been through this situation?

Misscleo

Thats really really bad behaviour.
Hope you get what you should.
Can you name & shame them.??

debbiedo49

Shocking !

feir

They know they're going to lose the tribunal. Good.

Sorry, forgot to say: no i have not been in the same situation but happy for you all the same.

Lisa1980

What was the point offer to u for what is wrong with you can u tell me please I got very bad medical health I waitng a appeal 

susan48

@unoitsrong

Thats absolutely appalling, stick to your guns and contact you MP, clearly there’s massive issues within the government.

Let us know how it goes 

MW9

I’ve had the same phone call today although it was to increased my mobility from standard to enhanced with my care staying at standard. I firmly believe based on my various health conditions and all the evidence I’ve sent I should be on enhanced for both. I’m inclined to believe the phone call may be then meeting half way because they know they’ll lose at the tribunal?

susan48

@MW9,
your probably right, they are trying to entice you to accept a lower award than your entitled to.

I would still contact your MP about this.

Good luck

unoitsrong

MW9 said:

I’ve had the same phone call today although it was to increased my mobility from standard to enhanced with my care staying at standard. I firmly believe based on my various health conditions and all the evidence I’ve sent I should be on enhanced for both. I’m inclined to believe the phone call may be then meeting half way because they know they’ll lose at the tribunal?

What did you do?

unoitsrong

susan48 said:

@MW9,
your probably right, they are trying to entice you to accept a lower award than your entitled to.

I would still contact your MP about this.

Good luck

I don’t mean to sound rude but I’m genuinely asking, what would happen in regards to me going to a local MP

MW9

unoitsrong said:

MW9 said:

I’ve had the same phone call today although it was to increased my mobility from standard to enhanced with my care staying at standard. I firmly believe based on my various health conditions and all the evidence I’ve sent I should be on enhanced for both. I’m inclined to believe the phone call may be then meeting half way because they know they’ll lose at the tribunal?

What did you do?

I said I’ll need to think about it and she gave me her direct number to phone back on Monday. I’m going to decline it when I contact her on Monday though, as I believe they’re only phoning me back because they know they’ll probably lose the tribunal. It costs them money to go to a tribunal and by phoning me back and offering me enhanced for mobility suggests to me that they’re trying to meet me half way. Don’t get me wrong, I really don’t want to have to attend a tribunal, but I don’t feel comfortable settling for less than I’m entitled to just because it’s more convenient.

Ive not seen many posts where people have had a phone call offering them something else to stop it going to a tribunal, so maybe it’s just in cases where the evidence it truly stacked up against them? I might be wrong but that’s my inclination. 

susan48

It would enable you to get help and find out why this has happened and hopefully they can get you answers as to why this has happened in the first place.

Fighting your corner with you 

Your not being rude at all.

susan48

Have you seen the other thread regarding someone else getting a phone call offering them a different award.

susan48

https://community.scope.org.uk/discussion/46751/phone-call-from-dwp-regarding-pip-tribunal#latest

unoitsrong

MW9 said:

unoitsrong said:

MW9 said:

I’ve had the same phone call today although it was to increased my mobility from standard to enhanced with my care staying at standard. I firmly believe based on my various health conditions and all the evidence I’ve sent I should be on enhanced for both. I’m inclined to believe the phone call may be then meeting half way because they know they’ll lose at the tribunal?

What did you do?

I said I’ll need to think about it and she gave me her direct number to phone back on Monday. I’m going to decline it when I contact her on Monday though, as I believe they’re only phoning me back because they know they’ll probably lose the tribunal. It costs them money to go to a tribunal and by phoning me back and offering me enhanced for mobility suggests to me that they’re trying to meet me half way. Don’t get me wrong, I really don’t want to have to attend a tribunal, but I don’t feel comfortable settling for less than I’m entitled to just because it’s more convenient.

Ive not seen many posts where people have had a phone call offering them something else to stop it going to a tribunal, so maybe it’s just in cases where the evidence it truly stacked up against them? I might be wrong but that’s my inclination. 

I’m glad you’re sticking to what you feel is right, I feel the same way, they could have offered us both these points at the start of the claim but they didn’t, they chose to treat us unfairly through no fault of our own. I don’t want to go tribunal but they forced me into this position and now it seems like they are regretting it. I was advised from a couple elderly people who I spoke to at the beginning of my claim and they said they will lie, con and trick you out of everything if they can, fight them til the end. 

I never actually thought they would and I’d end up doing what they said! 

MW9

susan48 said:

Have you seen the other thread regarding someone else getting a phone call offering them a different award.

That was me who posted it Susan, I hadn’t seen this post before I posted it because I’d only created an account :-)

MW9

unoitsrong said:

MW9 said:

unoitsrong said:

MW9 said:

I’ve had the same phone call today although it was to increased my mobility from standard to enhanced with my care staying at standard. I firmly believe based on my various health conditions and all the evidence I’ve sent I should be on enhanced for both. I’m inclined to believe the phone call may be then meeting half way because they know they’ll lose at the tribunal?

What did you do?

I said I’ll need to think about it and she gave me her direct number to phone back on Monday. I’m going to decline it when I contact her on Monday though, as I believe they’re only phoning me back because they know they’ll probably lose the tribunal. It costs them money to go to a tribunal and by phoning me back and offering me enhanced for mobility suggests to me that they’re trying to meet me half way. Don’t get me wrong, I really don’t want to have to attend a tribunal, but I don’t feel comfortable settling for less than I’m entitled to just because it’s more convenient.

Ive not seen many posts where people have had a phone call offering them something else to stop it going to a tribunal, so maybe it’s just in cases where the evidence it truly stacked up against them? I might be wrong but that’s my inclination. 

I’m glad you’re sticking to what you feel is right, I feel the same way, they could have offered us both these points at the start of the claim but they didn’t, they chose to treat us unfairly through no fault of our own. I don’t want to go tribunal but they forced me into this position and now it seems like they are regretting it. I was advised from a couple elderly people who I spoke to at the beginning of my claim and they said they will lie, con and trick you out of everything if they can, fight them til the end. 

I never actually thought they would and I’d end up doing what they said! 

The main advice I can give you, and I’m new to all this as well, is if you firmly believe based on your health condition(s) and circumstances surrounding it, that you’re entitled to something different to what you’ve been awarded, then take it all the way.

Like I said, I can only assume the people who receive a phone call like ours are the ones who the DWP know are the ones most likely to succeed in a tribunal, and by us hopefully accepting any revised offer negates the need for them to have further involvement.

For the sake of 1 point on the care component that I’m short on, I’m certainly but relunctantly going forward with a tribunal. Based on my circumstances it shouldn’t really even be close, my situation should put me many points over the 12 points needed on both but unfortunately you and me are just one of many people with disabilities you feel let down by the system. 

clarabelle

I think they might be doing this as a result of the select committee report... 
if you haven't already ask them to put their 'offer' in writing... what they are suggesting is a decision under MR and you can't approach the tribunal until you have the MR in writing.
youll win at tribunal I imagine, but it's a long wait time and not an entirely pleasant experience.
good for you to sticking to your guns... this isn't something they can haggle on.. the regs and criteria are really clear. 

Yadnad

clarabelle said:

I think they might be doing this as a result of the select committee report... 
if you haven't already ask them to put their 'offer' in writing... what they are suggesting is a decision under MR and you can't approach the tribunal until you have the MR in writing.

They won't put it in writing. As you say it then becomes a new decision with additional appeal rights.

What they want is an unconfirmed agreement that you won't take your appeal any further in exchange for an increase. If you refuse, the offer is withdrawn and there is no record for the Tribunal that it was offered.

clarabelle

That's outrageous.  If it were mevid phone them to discuss the 'offer' and record the call. 
If they are making an offer of increased points surely legally they must put that in writing.
If they dont/won't then it might be best to send a letter outlining the call they made and giving reasons why you reject it, stating you view the call as a MR. You can then present that letter and a copy of your phone records as evidence to the tribunal. 

unoitsrong

clarabelle said:

That's outrageous.  If it were mevid phone them to discuss the 'offer' and record the call. 
If they are making an offer of increased points surely legally they must put that in writing.
If they dont/won't then it might be best to send a letter outlining the call they made and giving reasons why you reject it, stating you view the call as a MR. You can then present that letter and a copy of your phone records as evidence to the tribunal. 

How would I approach this and thank you for the advice, it’s very much appreciated