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PIP rang to offer me a deal instead of tribunal
unoitsrong
Member Posts: 12 Courageous
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?
As anyone else been through this situation?
Replies
Hope you get what you should.
Can you name & shame them.??
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
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 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.
Fighting your corner with you
Your not being rude at all.
I never actually thought they would and I’d end up doing what they said!
That was me who posted it Susan, I hadn’t seen this post before I posted it because I’d only created an account :-)
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.
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.
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.
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.
You have the Lite version of the app, which is still good, but I ended up paying the £10.99 for the Pro version, it’s been well worth it.
If it is that important enough for them to ring me it should be important enough to put it in writing and send it to me.
To start to barter 'we will give you this only if you agree to do that' is beyond what the DWP should be about.
I don't agree - - follow the rules and make a new decision.
Incidentally how would you square this if the claimant has refused to give their telephone number? Or they are not there when they ring the claimant?
My PIP review was about December/January, in which I sent the form and supporting evidence. In April I was then informed I was being kept on the same points for both components, in light of everything I’d detailed and my numerous health conditions deteriorating and level of care increasing. In hindsight I should have been awarded enhanced for both when I originally applied for PIP 5 years ago but it was a process I was new to and was naive having never claimed any form of benefit previously.
I sent the mandatory reconsideration letter within 1 week of that letter being received and had to wait about 5/6 weeks to hear a response which takes us up to about the end of May. That letter informed me they were increasing the daily living points by 3 and keeping the mobility the same.
Within about 2/3 weeks of this I had sent all the relevant documentation to initiate the tribunal which was around the middle of June and received a response saying they’ve received all my information.
The phone call offering me enhanced on the mobility component came yesterday (Friday) so you’re looking at the whole process being about 7 months so far.
Like another member has mentioned, I don’t think these phone calls are compulsory and are possibly only to people who they know will have a strong chance at the tribunal. So I wouldn’t hold out for the call - but if you feel that your decision is wrong and you have all the appropriate medical evidence and evidence of how your health condition(s) effect you, then unfortunately a tribunal is the only other route available.
I actually actively discourage claimants or potential claimants from giving their number. Certainly solves this problem. Had one try to ring me as the rep but I declined to engage and told them what we were aiming for. They declined to make that offer and lost at appeal.
I can only say it as it is the DWP should do the right thing first time and not, as it sometimes appears, hold out to see if the claimant objects.
In my particular case and after additional evidence had been received it still took two more attempts to get Enhanced for both from them. It was as though they were intent on holding back not willing to give everything at once - it went from 0 to standard for both then to enhanced for both all based on the same evidence.
It won't affect me thank goodness, but if it did and I had a phone call of that nature they would politely be told to put it in writing for me to consider. No doubt that would stop them in their tracks with this ridiculous bartering system.
Then waited a week or so after the new decision letter arrives and put in another appeal.
The DWP won't be happy but who cares
Do it that way it is a win win for you.
This is still ongoing and I have yet to receive an appeal date. As it stands today, I am still waiting for the appeal date. 20 months of having to prove my MS is preventing me from doing normal things!!! I'm having to see a counseller, physiotherapist, have adaptions done to my house and of course the stress of this situation has impacted my disability and what was relatively inactive RRMS has progressed to highly active. I have to be honest, this progression is due to the stress levels of having to fight to prove I am disabled and the PIPS disregard of medical proof.
How can they justify putting someone through such an ordeal and actually causing a progression in their disabilities????
I'm so sorry to hear about your experiences and that you're having to deal with this on top of everything else. I really hope you get your appeal date and things move forward for you soon, please do keep us updated.
I applied for PIP in 2017. I was turned down and recieved 0 points for each.
I asked for a MR and decision remained unchanged. I then appealed to a tribunal.
Earlier this year the tribunal postponed my hearing requesting further medical information. Since that time i am/have been awaiting a second hearing date.
Then this week I receive a letter from the DWP who say they have revised the decision and can offer an award for both parts - in return my appeal will end.
Ive decided to accept.
The wait and struggle without the help of PIP has been difficult and I’m glad I no longer have to worry about the tribunal which has been causing me its own set of health problems.
You will get there if you continue to appeal and go through the processes. It is difficult but you must try and keep strength to fight for what you are entitled to.
Wishing everyone the best of luck
Scope community team
Sorry you've had to wait so long for your award but I'm glad you've now received it, it must be a huge relief that it's over with! Hope to see you around the community.
Scope