DWP offered me an award after I appealed, do I take it? — Scope | Disability forum
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DWP offered me an award after I appealed, do I take it?

Modemodus100
Modemodus100 Member Posts: 5 Listener
edited September 2018 in PIP, DLA, and AA
Hi all,

I have a question about the DWP/PIP/Tribunal, but not sure how to go about it.

Comments

  • Ami2301
    Ami2301 Community Co-Production Group Posts: 7,946 Disability Gamechanger
    Hi @Modemodus100
    Welcome to the community! We will help anyway we can, what is your question?
    Disability Gamechanger - 2019
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,557 Disability Gamechanger
    Hi @Modemodus100 and a very warm welcome to the community! We'd love to help! We have a PIP, DLA and AA board where you can post your question in the form of a new discussion. I am sure people will be able to help you there :)
    Scope

  • Modemodus100
    Modemodus100 Member Posts: 5 Listener
    Thank you. I was diagnosed with significant features of dyspraxia last year and applied for PIP. It case is currently at the tribunal and I was phoned by the DWP yesterday who offered me the enhanced rate for the daily living component and 0 zero for mobility. I was advised to decline the offer as I would have to start a new appeal for the mobility component if I accepted. I feel that I have been ill advised and wondering what the consequences would be.
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,557 Disability Gamechanger
    Thank you for getting back to me @Modemodus100, this is something that the community will definitely be able to help with! Would you like me to put this in a new discussion for you?
    Scope

  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,105 Pioneering
    Hi @Modemodus100,

    Welcome to Scope's online community! It's great to have you here. How can we help?

    We have lots of information on PIP and appealing a DWP benefits decision on our website, which you may find useful. :)
    Liam
  • Modemodus100
    Modemodus100 Member Posts: 5 Listener
    Many thanks for the welcome and yes Chloe could you please put it up on the discussion for me.

    Many thanks
  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,105 Pioneering
    Hi @Modemodus100, this has now been moved into our PIP category. :)
    Liam
  • Modemodus100
    Modemodus100 Member Posts: 5 Listener
    Thank you and I shall try and find it:)
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    edited September 2018
    It’s unlikely you’ve been ill advised but impossible to tell for sure in a forum. You need face to face advice. Generally DWP offers before appeal will offer at best the enhanced rate of one component not two and for a period shorter than you could expect at an appeal (provided you raise the length of award). 

    It’s important to now write to HMCTS and tell them about the offer as DWP neglect to amend their submissions to reflect the fact an offer was made.
  • Modemodus100
    Modemodus100 Member Posts: 5 Listener
    Many thanks for your response. I will advise HMCTS  of the offer since it is most unlikely that the DWP will amend their submissions to reflect this. I understand that this needs to be done with a brief summary of events. I have not yet received their bundle containing their objections including the assessors report, but I have been told over the phone that I have no mobility issues because I can drive a car, although I need someone to accompany me on unfamiliar journeys and have been referred for a driving assessment. I also apparently admitted that I can walk for 45 minutes during the the PIP assessment, which I do not recollect nor able to do. I struggle with my life long, recently identified disability and feel a little lost and lack confidence in my representative. Is it possible to change a representative at this stage?
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    You can change representative at any stage.
  • sleepy1
    sleepy1 Member Posts: 297 Pioneering
    Hi all, also had a call from PIP appeals (DWP) saying they were prepared to put my previous award back into play if I cancelled my appeal.  On asking why?
    Was told whilst the decision maker had cancelled the claim on the front page of the MC letter, the points I had "scored" had been over looked and they have decided to override the decision (in other words someone has cocked up).

    My thoughts are the appeal Judge has looked at the case and pointed out the mistakes and told them to sort it out, hence the offer!  I have declined the offer as they are only offering me the standard  rate when I know for sure I should be on enhanced.

    Who is responsible for all these blunders that inflict ever more pain and stress on people already suffering .!

     
      

  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    PIP appeals are heard by a panel of 3. Nothing to do with a judge at this stage. DWP are simply doing what they’ve always had the power to do and reviewing every case before it goes to a hearing. 
  • sleepy1
    sleepy1 Member Posts: 297 Pioneering
    @mikehughescq
    Hi mike, I opted  for a paper hearing, submission's have not been put forward yet but was told by the caller from DWP in their submission they would have to inform  the tribunal that they had put forward an offer that I declined.
    In the MC it states I can walk (aided) up to 10m and was awarded 4 points, this does not fit with the criteria where I should have12 points. 
    Without going through the whole thing that is just one example where I think they are wrong.
    Thank you for pointing out that it would not have gone to a judge at this stage and just a pre-hearing review.  Do you think I should send a letter now as to why I declined the offer or wait until I get a copy of the intended submission?
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    DWP ought to update theur sub. They almost never do so a letter from you now would be useful. 
  • sleepy1
    sleepy1 Member Posts: 297 Pioneering
    Thanks Mike I will put all the details in a letter to the Tribunal and explain why I declined the offer.  Have been reading a similar thread about dwp trying to strike a deal with a client and found your input most helpful.

    Many thanks, Rosie
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    No problem. Happy to help. 

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