PIP rang to offer me a deal instead of tribunal

MW9

unoitsrong said:

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 

I’m going to be recording the call when I phone back on Monday. If you download the app ‘Tape A Call’, it’s on the App Store for iPhone, I’m sure it’ll be available for Android too if you have one. I try to record every important call I make using this app just as a back up, you never know when having a recording could prove useful. 

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. 

Yadnad

Personally I refuse to discuss anything over the telephone especially when it relates to finance or benefits.
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.

Jason01

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?

How long did it take to get it enhanced  from first decision please . I got six weekso before I lose my car, which will cause me a massive issues

poppy123456

Jason01 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?

How long did it take to get it enhanced  from first decision please . I got six weekso before I lose my car, which will cause me a massive issues

It's fairly rare to get offered a higher award from DWP before the Tribunal hearing, so please don't expect that. If you're at Tribunal stage then expect a long wait because back logs are huge across the country. Some are waiting 1 year for their hearing date. Good luck.

Yadnad

I am lost for words sometimes when I hear of this delay and it is stated to be causing severe mental illnesses. If someone is that ill mentally (and yes I have been there) and they can cope with the stress and anxiety caused by that delay and then appearing at a Tribunal then I would actually doubt the sincerity of their statements and claim. When I was that ill, spending years in and out of institutions I was kept well away from that sort of stress as it would have put me back at the beginning again. It was all dealt with by my CPN, Social Worker, Local Authority WRO and Consultant. I do appreciate that this was during the years of 1995 through to 2002 and maybe things have now changed. But even now I could not cope with it hence why I gave it up.

Toffee

The system a disgrace 

Yadnad

Username_removed said:

And yet what people are describing here is the system beginning to work as it ought.

What? the DWP starting to operate a bartering system? What the DWP ought to be doing is if following a review of the claim when it becomes apparent that a higher award should be made, they should simply make a new decision. If the claimant still doesn't agree with it then new appeal rights come into play.

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?

MW9

Jason01 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?

How long did it take to get it enhanced  from first decision please . I got six weekso before I lose my car, which will cause me a massive issues

Hi @Jason01,

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. 

MW9

Username_removed said:

And yet what people are describing here is the system beginning to work as it ought.

The system I’ve experienced is one where vast amounts of medical evidence and in-depth, detailed explanations on how it severely impacts day-to-day life are either majorly overlooked and/or misconstrued.

Yadnad

I can fully understand extra points being given at MR stage which is presumably on account of additional evidence being received. I would hate to think that these extra points are given because the claimant had the audacity to challenge the first decision. 
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.

Jason01

MW9 said:

Jason01 said:thing is , they're saying that if I have the ability to drive I don't need extra help , this makes no sense as I have  mobility adjusted car 

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?

How long did it take to get it enhanced  from first decision please . I got six weekso before I lose my car, which will cause me a massive issues

Hi @Jason01,

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. 

dave111

Just had a phone call myself offering a low payment which I turned down... must admit I’m feeling a bit nervous about going to a tribunal.. do you think that being made a low offer is them knowing I will get a higher one at the tribunal ? 

missm

was you offered 0 points to begin with ? with them offering you a low offer ?

dave111

No I was awarded 6 points for Daily living and 4 points for mobility, they offered me 57 pound a week just for daily living I didn’t even know you can get an award just for that part 

poppy123456

dave111 said:

No I was awarded 6 points for Daily living and 4 points for mobility, they offered me 57 pound a week just for daily living I didn’t even know you can get an award just for that part 

You can be awarded either or both.

Yadnad

dave111 said:

Just had a phone call myself offering a low payment which I turned down... must admit I’m feeling a bit nervous about going to a tribunal.. do you think that being made a low offer is them knowing I will get a higher one at the tribunal ? 

Personally I would have taken them up with the offer to get some money rolling in.
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.

missm

how long have you been waiting to go tribunal before they telephoned you ? 

Wreck01

I submitted a claim in March 2017,which I received 0 points across the board. So I appealed the decision and was able to provide proof on each point to refute the assessors 'proof' of my ability for work. From submitting the appeal, I've had 17 phone calls by PIPS and a letter to accept an offer of standard living and mobility before the tribunal. Points they 'magically' found upon review of original application!!!!!
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???? 

Pippa_Alumni

Welcome to the community @Wreck01, and thanks for sharing this with us.

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.

CockneyRebel

You should ring the tribunal for an update on waiting times in your area