offer before tribunal

viramati

HI
My wife has been on the DLA since the early 2000's with the higher rate mobility allowance and recently we have been through the whole PIP process which resulted on her not being awarded anything so we went to the tribunal where they said they wanted to see from the DWP the reasons why she was originally awarded the allowance. Today we received a call making an offer of the lower rate for the care and mobility sections which though offering a similar amount of money would mean losing the automatic right to having the Blue badge which is my wife main concern. I see from some discussions her from last year that this maybe a sort of ploy by the DWP as they think that the ruling will go against them at the tribunal but from my understanding if we don't accept this and do go the the tribunal and they don't rule in our favour we could lose everything. Any advice please

viramati

I would also like to know if anyone has not accepted the offer and then been refused anything at the tribunal

worried33

There is some talk about this on rightsnet, offers were made by the DWP to claimants following tribunal papers been submitted, when the DWP was asked which descriptors they were awarding they refused to answer.  Also offers were made by phone so was no audit trail.  Offers were conditional that appeal was withdrawn.

Also was talk on rightsnet about the DWP considering making offers to the tribunal as a compromise ruling, I dont know what happened about that as the discussion stopped dead.

ON the cases raised on rightsnet every claimant accepted the DWP deal so its an unknown if those would have been won, but the rep's were disappointed as they considered the cases to be strong.

Also the offers were for a 3 year review period.

Sorry thats the only information I have.

However in my view if the DWP are making these offers, it suggests they believe there is a moderate chance or higher for an enhanced award.  Otherwise it makes no sense for them to make these offers.

viramati

Thank you. Our offer was not made with the proviso that the appeal be withdrawn and due to my wife's age they said there would be no review for 10 years. Really hard to know what to do

poppy123456

If your wife is pension age and she accepts the Standard rate mobility then do be aware that she won't be able to claim Enhanced mobility again in the future because of her age.

viramati

Thanks. She is 63 so a few years off. This is a real minefield

poppy123456

As for the blue badge, you're automatically entitled to this if you scored at least 8 points in the "moving around" part of mobility PIP.

Even though she isn't pension age yet, with a review in 10 years by this time she won't be able to claim Enhanced mobility if she accepts this offer.

viramati

thanks. I will check with them on Monday as they said she was offered the 'standard' mobility rate but didn't mention the points

Government_needs_reform

@viramati You can still carry on the Appeal? But.

I have mentioned here a few times the DWP are and have giving been giving 10 year Ongoing PIP awards for standard rates too now.

My reckoning the DWP is taking this approach is in fact cost cutting, and if claimants does have a standard award for say DL, Mobility, and then getting an Ongoing award why I see this and does so the DWP, their way of thinking is they the claimant won't do a MR or Appeal.

Thus saving money maybe in the long run.

As many will know if you do a MR you could end up loosing the lot. Basically it's a game of chance. 

I've suspected for a long time, and read many others having standard rates and getting an Ongoing award.

viramati

Thanks but what is an MR?

Government_needs_reform

@viramati
 Mandatory reconsideration 

viramati

I believe we have been through the MR and up till now that had been offering nothing and it is only since the tribunal asked to see the original DLA award that they have made this offer. The DWP are saying the criteria has now changed which is why they are no longer offering the higher rate mobility rate. I think I will try to pressure them on this on Monday and see what happens. We have really found the whole process very stressful and the PIP assesment was just outrageous (another example of the 'hostile enviroment')

poppy123456

The criteria for moving around part hasn't changed. The criteria for following and planning a journey changed quite sometime ago. DLA and PIP are different benefits with different criteria and you haven't said if your wife is claiming for a physical disability or not, so it's difficult to advise.

viramati

Her conditions and history are complex and they are mix of physical, biological and psychological. Her mobility can be limited and she has good and bad days. I believe that the walking distance criteria has changed from when she got the original award in 2005 when she got the higher rate. She also has a weak immune system which is one major reason why she doesn't like to use Public transport and needs the blue badge.  The PIP assessment really ignored her long and complex history just going on what they saw in a 20 minute interview even citing the fact that she looked 'well presented and well nourished' as a reason for not getting and award!!

poppy123456

High rate mobility DLA had a walking distance of 50 metres. Enhanced mobility PIP "moving round" has a distance of 20 metres walking.

Following and planing a journey doesn't take into consideration a persons ability to be able to walk. It's about mental health, cognitive and sensory impairments. Whether she would score points here will totally depend on her conditions.

It helps to have some understanding of the PIP descriptors and what they mean because they are different to DLA.

This link may help you understand them a little more.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Pay particular attention to the mobility activities.

worried33

if you dont need to withdraw the appeal you could accept, so you getting money in the meantime but also keep the tribunal going.  But make it clear you only accept it as an interim arrangement as you dont want it used against you in appeal as you agreeing that the decision was valid.  I would ask for legal advice on this from a trained professional, as my advice may well be bad.

Internal DWP guidelines for DM's suggest ongoing should only be for enhanced/enhanced for people of working age, I assume because otherwise if someone's condition gets worse they wouldnt be upgraded on review.  So this would suggest a change of policy if they offering ongoing for a standard award.

Also you can get a blue badge without these points, I have had a blue badge for several years whilst getting no form of PIP at all.  I just applied for it directly from the council.

viramati

Thank you. What do you mean by DM's and yes we are aware that we should be able to continue with the blue badge with help from our GP 

poppy123456

DM is a decision maker.