Dwp change my entitlement before it went to tribunal

chrisssy

Hello everybody

I just wanted to share my personal experience dealing with PIP/DWP/tribunal

I was awarded personal Independence payments back in March

I was not happy with my award so about a few months later I did a mandatory Reconsideration 

late August and in late October I got a reply from DWP saying they did not change their mind and they kept my Award the same

so on the 1st of November I took it to tribunal
and I put a appeal in and I was waiting for a response from DWP The deadline was the 6th of December 2022

but today I got a message from the tribunal saying DWP I’ve change my entitlement before it actually went to tribunal And they change their decision in the 30 day notice period/Deadline

to enhance on both of my daily living and mobility

which I’m extremely happy with I’m so pleased I didn’t have to go to tribunal

I basically want people to understand please persistency is the key in the situation if you feel like you’re right and you’re mobility/mental health issues/disabilities

and you have not been awarded the correct award please continue through this long journey

there is a light at the end of the tunnel
And I was I do hope this helps someone else feel bit more comfortable and understand in the process and to give them a bit more help to carry on

@GMWRAGtweets @poppy123456

Queenv27

chrisssy said:

Hello everybody

I just wanted to share my personal experience dealing with PIP/DWP/tribunal

I was awarded personal Independence payments back in March

I was not happy with my award so about a few months later I did a mandatory Reconsideration 

late August and in late October I got a reply from DWP saying they did not change their mind and they kept my Award the same

so on the 1st of November I took it to tribunal
and I put a appeal in and I was waiting for a response from DWP The deadline was the 6th of December 2022

but today I got a message from the tribunal saying DWP I’ve change my entitlement before it actually went to tribunal And they change their decision in the 30 day notice period/Deadline

to enhance on both of my daily living and mobility

which I’m extremely happy with I’m so pleased I didn’t have to go to tribunal

I basically want people to understand please persistency is the key in the situation if you feel like you’re right and you’re mobility/mental health issues/disabilities

and you have not been awarded the correct award please continue through this long journey

there is a light at the end of the tunnel
And I was I do hope this helps someone else feel bit more comfortable and understand in the process and to give them a bit more help to carry on

@GMWRAGtweets @poppy123456

Congratulations @chrisssy
Hope you are much better now with pip at of the way.

poppy123456

Great news!

Hannah_Alumni

Congratulations @chrisssy !

That's great news! I bet you feel like a weight has been lifted Thank you for sharing your story with us.

durhamjaide2001

That's amazing news thank you for sharing this with us. 

chrisssy

@Deppi thank you so much I’m very pleased i’m not too sure yet I need to wait for my new order letter to come through the post

calcotti

GMWRAGtweets said:

Interestingly not how the process ought to have worked at all. It should not be for HMCTS to notify you of the lapsing of the appeal. 

DWP should contact you by phone in order to make you the offer. You can refuse and proceed to tribunal or accept. If you accept then DWP revise the decision and issue paperwork to that effect. HMCTS should only then notify you that DWP have advised them the appeal ought to lapse and checking that you’re okay with that. If you have a rep. the call must go to your rep. before they contact you. 

But when, as in this case, the DWP are revising to enhanced for both components there does seem little point discussing with claimant as they can’t get a higher award and if (for some bizarre reason) the claimant refused the ‘offer’ that would be a complete waste of everyone’s time.

As it is a full revision rather than a partial revision I don’t think there is any obligation to contact claimant or rep prior to revising the decision (thereby lapsing the appeal). See ADM A5160.

Having said all of the above I note that the guidance makes no reference to the length of any award which might be something that claimant/rep might still wish to appeal if the award is not ongoing.

chiarieds

Tho if only a short period has been awarded, & there was reason that the claimant felt a longer award more appropriate, they could, as they have done, accept the DWP's offer, then still challenge the length of their award (if appropriate, as the length of their award hasn't been mentioned, tho it has been questioned).

calcotti

chiarieds said:

Tho if only a short period has been awarded, & there was reason that the claimant felt a longer award more appropriate, they could, as they have done, accept the DWP's offer, then still challenge the length of their award (if appropriate, as the length of their award hasn't been mentioned, tho it has been questioned).

Absolutely. My comments were aimed at the comment about whether or not the guidance requires the DWP to contact claimant or rep in a case such as this.

calcotti

GMWRAGtweets said:. It remains the case that the first indication an appellant receives ought to be via that revised decision in writing and not via HMCTS. .

Possibly HMCTS may have emailed whereas DWP decision will be notified by mail and may be delayed in the post.

I agree that DWP appear not to place much emphasis on length of awards and I noted the absence of reference to this on their guidance. However I think it is also likely that most claimants do not request particular lengths of award (most likely not aware that they can), in which case DWP can reasonably say they are giving everything claimant has asked for so.

chrisssy

@calcotti hmcts emailed me and sent me a text message Regarding the update from DWP 

DWP will send me information through the post in this case I don’t think there is the need for them to call me as it was the highest award you can get 

calcotti

chrisssy said:

@calcotti hmcts emailed me and sent me a text message Regarding the update from DWP 

DWP will send me information through the post in this case I don’t think there is the need for them to call me as it was the highest award you can get 

Do consider the length of award when you see the decision. You can start a new appeal about just the length of award if you want to.