PIP called with an offer before tribunal

Bhuyan

PIP department called my representative     regarding my PIP appeal application. They told my representative they are happy to reward my lower mobility component. I don’t take this reward. They don’t reward my Daily living component. I told i am going to take them court. As i get 6 points daily living component and 4 points mobility component. Now they are happy to reward lower rat mobility component but not Daily living components. If i lost count regarding my Daily living component do i still get lower mobility component. How it will work.

poppy123456

If you accept the award offer from DWP then your appeal would lapse. Once the award is in payment you can then request another Tribunal for that decision. However, if you do this the time starts from the beginning again because it's a new Tribunal request. 

calcotti

If you carry on to tribunal the tribunal make the decision. DWP should inform the tribunal that they have offered you standard rate mobility but the tribunal are not bound by that.

Bhuyan

yes. i was carry on to tribunal. i don’t  except there request because they only offer standard rate mobility. they don’t offer any daily living component. 

Bhuyan

accept 

Bhuyan

yes. i will carry on to tribunal. i don’t  accept there request because they only offer standard rate mobility. they don’t offer any daily living component. 

janer1967

If you had accepted you would have started to get payments for the award you were offered and then could have taken that decision to tribunal 

At least you would have been getting some money 

poppy123456

It maybe worth taking their offer so at least you have an award in payment in the meantime. Although it's just standard mobility, every little helps. Then you can make another request for the Tribunal.

You have a representative, which many people don't have so they should be giving you all the advice you need.

Bhuyan

I asked my representative, she told me it is up to you and i told her i will go to court and she told me i know you should go to court. if i take this request how i can make another request for the tribunal. as i told i get 6 point daily living activity.

Bhuyan

 DWP has sent a ‘Response’ to your PIP appeal. You should have received a copy in the post. The Response contains the information DWP used to make their decision on your entitlement to PIP. 

What happens next

You do not need to do anything. We need to book a hearing for your appeal. You’ll receive another update as soon as the hearing is booked. We cannot say how long it will take to book, but it could be several months.

It is possible to accept there request now. how can i make another request for the tribunal 

poppy123456

If you declined their offer then you will be too late to accept it now. 

Please also remember it’s not a court, it’s a Tribunal which is completely different to a court. You’re not on trial at a Tribunal. Some hearings maybe in a court building but it’s nothing like a court. 

Bhuyan

okay. I better wait. how long do i need to wait for tribunal hearing.

poppy123456

Last time I heard it was between 11-16 weeks but that was several weeks ago. It may have changed now. 

calcotti

janer1967 said:

If you had accepted you would have started to get payments for the award you were offered and then could have taken that decision to tribunal 

At least you would have been getting some money 

On the other hand standard rate mobility only is a very low award so just getting on to tribunal rather than starting again may be very sensible. Had it been standard rate Daily Living I would probably take a different view.

janer1967

Good point @calcotti

Bhuyan

I was appeal end of February 2022. So I need to wait around 3 months to 4 months more. 

Bhuyan

which hearing is better.Telephone hearing, Face to Face hearing or video hearing. Can i get me advice please 

poppy123456

Either one because they will all give the chance to explain your conditions. 

Alex_Alumni

I can't advise directly as every situation is different, and I think that also depends on which one you'd prefer or feel more comfortable with @Bhuyan. From what I can find out, you can have an oral hearing or a paper hearing.

Citizens Advice has guidance on different forms of Tribunal hearings, including oral hearings and paper hearings, which I hope is helpful.

Let me know if you have any other questions, or if anything's not clear, and I hope your tribunal is successful.

poppy123456

Alex_Scope said:

From what I can find out, you can have an oral hearing or a paper hearing.

Paper hearings are rare. Success rate of these are between 5-8%. Therefore appearing in person is always better, whether that’s face to face, telephone or video. 

Alex_Alumni

Thanks for clarifying @poppy123456 that information is really helpful