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DWP made an offer

jinn4609
jinn4609 Member Posts: 20 Listener
edited July 2020 in PIP, DLA, and AA
hi im after advice.ive had my pip stopped.i didnt score enough at my medical so my enhanced rate of pip was stopped.im now in que for tribunal but pip have now made a counter offer that im entitled to daily allowance of 59.99 which is 30.00 a week less than i used to get before they stopped my pip.theyve given me until tommorrow to accept or decline stating i could end up with nothing at all if i dont accept and the backdated money is now over 2000 at the lower rate theyre offering not including the sdp which would be another 2,000 or more.i feel intimidated and realy confused as to what to do .can anyone advise me please.if i did go to appeal and won i would get an extra 1000 backdated money and a further 120 a month aswell but they say i could end up wit nothing at all.
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Comments

  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @jinn4609

    Good Evening & Welcome it’s great to meet you today.

    I am one of a team of Community Champion’s here at Scope.

    Sorry to hear about your current situation/problems with your pip application.

    We have got some senior members who will be able to offer some help with things.

     Hi @Adrian_Scope
    @Chloe_Scope

    Can you please offer me some help/advice with this post????

    They are currently in a battle with DWP over there PIP Application.

    They have been given until tomorrow to accept a much lower amount of there PIP or nothing at all.

    @steve51
  • poppy123456
    poppy123456 Member Posts: 28,355 Disability Gamechanger
    HI and welcome,

    It's entirely up to you whether you choose to accept the offer or decline it and continue to Tribunal. It's extremely difficult for anyone to give any advice here because no one knows exactly how your conditions affect you.
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    thanks.i suffer badly from trigeminal neuralgia and my illness changes day to day as im in constant pain .ive been on various medications which havnt worked .im waiting to see a neurologist at rvi.i also have developed other problems due to this thanks.i also dont know if ill be entitled to my sdp back if i accept the lower rate of pip.i used to get an extra 65.00 a week on my esa due to this.ive been on ugov but cant find answer
  • poppy123456
    poppy123456 Member Posts: 28,355 Disability Gamechanger
    I'm assuming you were previously claiming Enhanced daily living which is £89.15 per week and you've been offered standard daily living, which is £59.70 per week.

    If you're still living alone or classed as living alone as you were when you were previously claiming PIP then yes you'll be entitled to the SDP on your ESA. It will also be backdated to the date it stopped.

    Hope this helps and you'll be able to make a decision that's right for you.
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    ok thankyou very much for that info,much appreciated.it makes it harder now to decide whether to accept their offer then as that would be a firther 2000 in back money i would loose aswell if tribunal did not go my way thanks.ive also been told today i could accept the offer then open a new appeal in the future but id have to go through the process again.i dont know how true this is thanks
  • janer1967
    janer1967 Member Posts: 15,063 Disability Gamechanger
    Hi @jinn4609 I hope the advice given is of some use to you, it must be a hard decision to make.

    Do you think you would score any more points at tribunal to give you the higher rate ? 

    The DWP will warn you about, the possibility of losing at tribunal but that is the risk we all take, by them making a counter offer shows they have relooked at the original decision and now making an award.

    The tribunal is an independant panel who make take a different view which could or couldnt be in your favour
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    i dont think i can score anymore tbh as im awaiting to see neurologist at rvi .i suffer severe trigeminal neuralgia but they could argue its a self enflicted illness.as ive smoked and drank too much in past and all nerves are now damaged to my face and specialist treatments arnt working sofar thanks.i been told i could loose my sdp permanently aswell now if i dont accept their offer so im looking at a loss of over 4000 if tribunal dont favour my appeal
  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,265 Disability Gamechanger
    Hi @jinn4609 - I'm sorry you feel pressurized to give an answer tomorrow. Unfortunately other people have felt the same. See: https://samedifference1.com/2020/03/03/dwp-accused-of-offering-disabled-people-take-it-or-leave-it-benefits/
    So it seems you can accept an offer, but still continue appealing without having to do a Mandatory Reconsideration, rather than 'have to go through the process again.' Consider also for how long their offer was (an award of only 2 or 3 years perhaps), if this was mentioned.
    I will ask @mikehughescq for his advice; thank you Mike.



  • jinn4609
    jinn4609 Member Posts: 20 Listener
    i got told off advisor today i could accept offer then appeal again at later date but not sure if info is right.yesterday i got told if i accepted offer tribunal and appeal would end thanks
  • janer1967
    janer1967 Member Posts: 15,063 Disability Gamechanger
    If you dont think you will score any more points then no point going to tribunal 

    I dont think they take into account it being self inflicted but I may be wrong I am sure lots of illnesses are down to people lifestyle choices 

    I would see what mike has to say b4 deciding 
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    thanks i just visited that page.if i loose though i loose 4000 backmoney and 480 a month aprox if i accept im loosing 850 backmoney and 120 a month as id also loose my sdp permanently aswell its very difficult one
  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,265 Disability Gamechanger
    @jinn4609 - Please wait for @mikehughescq 's response if you can. He is the best possible person here to advise.
    You shouldn't be facing this dilemma. If the DWP have 'offered' an award of the PIP daily living component, then you wouldn't lose your SDP.
    Also, as mentioned above, the tribunal are independent of the DWP, & it would seem a strange scenario if they then concluded you should get less than the DWP are currently offering.
    If you don't hear from Mike tonight, please check in early tomorrow morning. You could also say you need more time to decide.
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    ok well i appreciate your advice dwp going call me tommorrow ill ask them and see what they say then about more time . i agree i asked dwp if because theyve now made the offer surely tribunal wouldnt offer me less but they said this is  a temporary offer strange like as they said their health advisor says im entitled to it but at appeal i could loose the lot including all back money along with sdp if i dont accept their offer.its such a mess for me as im currently on 400 a month instead of about 900 or more it doesnt seem fair.all i sent them was evidence of my medication etc for them to make this offer thanks
  • mikehughescq
    mikehughescq Posts: 8,845 Connected
    chiarieds said:
    Hi @jinn4609 - I'm sorry you feel pressurized to give an answer tomorrow. Unfortunately other people have felt the same. See: https://samedifference1.com/2020/03/03/dwp-accused-of-offering-disabled-people-take-it-or-leave-it-benefits/
    So it seems you can accept an offer, but still continue appealing without having to do a Mandatory Reconsideration, rather than 'have to go through the process again.' Consider also for how long their offer was (an award of only 2 or 3 years perhaps), if this was mentioned.
    I will ask @mikehughescq for his advice; thank you Mike.
    I can’t actually put it any better than this. A nice accurate summary.
    jinn4609 said:
    i got told off advisor today i could accept offer then appeal again at later date but not sure if info is right.yesterday i got told if i accepted offer tribunal and appeal would end thanks
    The advice from the adviser is spot on. You can accept the offer; get the benefit into payment and then lodge a new appeal without having to do a further MR. It is also correct that if you accept the offer then your current appeal lapses. That does not prevent a further appeal as described by your adviser. 

    On the other hand, DWP offers are a form of blackmail. DWP are making you an offer which gives you more than your original decision but less than you’re asking for. That’s quite deliberate as is the “if you can carry on you might not even get this” nonsense. 

    Think about it. It’s the equivalent of saying “we’re breaking the law to make an award for you but a tribunal have to apply the law properly.” Clearly it’s errant nonsense. DWP would not make an offer if it wasn’t supported by your evidence or the law or if they thought the tribunal would award less. They know damn well that their offer is not more than a tribunal would likely offer. It is likely less. 

    The general trend is that at least one of the components will be offered at a rate below what you’re asking and the length of the offered award will be for a period plucked out of thin air. 

    So, you’ve a judgement to make. 3 options:

    1 - accept the offer; have appeal lapse and leave it at that.

    2 - accept the offer; have the appeal lapse; get benefit into payment; make a new appeal. 

    3 - refuse the offer and go to appeal. You have an adviser. Part of that role is to assess what your entitlement ought to be. 

    1 likely leaves you with a payment which is a payment but most likely incorrect in at least one aspect. 2 is a long route to 3. 2 or 3 could equally lose you everything but frankly that is unlikely. 

    There is no right answer here. There is only the right answer for you. I’ve had people where I was 99% confident the offer was tosh because my assessment of entitlement was way higher and justifiable in every respect. Some people nevertheless just accepted the offer. I’ve one who has done 2 even and several who’ve done 3. In all cases I’d have recommended but it’s not my income and it’s not my choice. You’ve an adviser. Use them to make the decision you feel the most comfortable with. 
  • Adrian_Scope
    Adrian_Scope Posts: 8,552

    Scope community team

    Hi @jinn4609 and welcome to the community. 
    I'm really sorry you're in this difficult position. I hope that the advice offered has been useful and helped somewhere with your decision. 

    Please let us know how you get on. :)
    Community Manager
    Scope

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  • jinn4609
    jinn4609 Member Posts: 20 Listener
    hi thanks im still confused as to what to do .i mat reluctantly take the offer as i think tribunal might award me nothing like dwp said they might
  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,265 Disability Gamechanger
    Hi @jinn4609 - Did you not hear from the DWP today after all? I hope you've been able to look over Mike's advice, as he says it would be unlikely for you to be awarded nothing with a tribunal, & he helps people with their appeals. Tho as he says, you should make the decision that you feel best. Has your advisor helped you further?
  • jinn4609
    jinn4609 Member Posts: 20 Listener
    no help and dwp appeals team went home when i got thru.could i accept offer and claim backmoney then open a new appeal to try get higher rate re instated ?or would this affect it if i accept the lower offer just to guarantee the back money isnt at risk of loss at all cheers and thnk mike.theres still a slight chance as appeals are different during covid
  • poppy123456
    poppy123456 Member Posts: 28,355 Disability Gamechanger
    jinn4609 said:
    no help and dwp appeals team went home when i got thru.could i accept offer and claim backmoney then open a new appeal to try get higher rate re instated ?or would this affect it if i accept the lower offer just to guarantee the back money isnt at risk of loss at all cheers and thnk mike.theres still a slight chance as appeals are different during covid

    Please have another read of Mike's reply. Yes you can accept the affer and then make another appeal at Tribunal. Accepting the offer doesn't affect anything at all.
  • chiarieds
    chiarieds Community Co-Production Group Posts: 12,265 Disability Gamechanger
    edited July 2020
    Hi @jinn4609 - an affect of accepting an offer now might mean it might take that little bit longer to appeal the DWP's 'revision', rather than just waiting for a tribunal in the normal course of events. This may result in less money (than you might potentially receive) in the meanwhile, whilst you wait for a tribunal to decide, who will likely advise the same, or a higher award. Please do look at the length of the award the DWP are offering, as a tribunal may recommend an award of longer length.....which saves you having to look at PIP again perhaps in the near future.
    And yes, tribunal success rates are currently higher.

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