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*Phone Call From DWP Regarding PIP & Tribunal*

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Comments

  • atlas46
    atlas46 Community member Posts: 826 Pioneering
    Hi @MW9

    Have you had phone call to DWP woman about the "offer".

    Curios about what DWP is up to.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited July 2018
    atlas46 said:
    Hi @MW9
    Curios about what DWP is up to.
    They are playing on the stress on claimants who are awaiting an appeal hearing.
    If they can get a claimant to accept an award at a lower rate than they may get at the Tribunal it's a win win situation for the DWP.
    You certainly don't want to start thinking that the DWP are doing you any favours.
  • atlas46
    atlas46 Community member Posts: 826 Pioneering
    Hi @Yadnad

    I can assure you, that I do not think for one minute that the DWP are doing claimants any favours, by using these phone call stunts.

    What I am keen on is to find out what was said today, when he contacted DWP today.

    So our community is better informed.

    Hope this helps.
  • MW9
    MW9 Community member Posts: 19 Courageous
    Hi @atlas46,

    Further to the telephone call today, the woman reiterated they were keen to offer me enhanced for mobility as long as it didn’t go to a tribunal. I said I appreciated they were now correctly awarding me the entitled points for the mobility component, but clarified that due to the level of support and care I receive that the 11 points I’ve got for the Daily Living component didn’t reflect my circumstances.

    I stated that if they were able to offer me enhanced for both then I’d accept that, otherwise I’ll unfortunately have to proceed with the tribunal.

    As expected she said they were unwilling to do that, and it’s either accept this revised offer or continue to tribunal. She mentioned that the reason they can’t award further points to the Daily Living component is because they don’t have enough evidence to support it. This is peculiar due to them awarding 3 additional Daily Living points in light of my mandatory reconsideration letter, and also, how is anyone outwith the person(s) who care for you and provide assistance able to comment on the level of care you require? Unless someone is living with you or visiting your house frequently to provide care, how are they able to accurately comment on this?

    So I’m subsequently continuing into a tribunal. I’m going to send a letter to the tribunal address I originally used to inform them of the phone call and what was offered along with more supporting evidence I’ve recently received as well.



  • atlas46
    atlas46 Community member Posts: 826 Pioneering
    Hi@MW9

    Thanks for the update.

    In my simple mind the DWP are using scam tactics on claimants.

    In that as they process a claim, they do not apply the correct points.

    They send the claimant through the MR process and with the same outcome.

    Then low and behold, when they learn that the claimant, is made of "sterner stuff", and an appeal is pending, they pull the telephone stunt.

    I will come back tomorrow, once I've had chance to think on how best we can support you.

    Did you get the woman's name?

    Best wishes

    PS
    In the land of the blind .......!! ;)
  • jasman
    jasman Community member Posts: 5 Listener
    yer go to tribunal.and dont belive any thing dwp say they say one thing on the fone then change it .
  • ChrisG
    ChrisG Community member Posts: 23 Connected
    MW9 said:
    MW9 said:
    Well yes it would delay but then balancing that is getting the right outcome. Put it this way. If DWP thought they could win the appeal they wouldn’t be on the phone to you.
    I understand, that was my inclination originally, as I wasn’t expecting a phone call at all from DWP, but suppose they’re trying to get me to agree to what they’ve offered to save them the time and effort of it going to a tribunal.
    It’s no effort at all for a P.O to attend. They love it. Time out of the office with the crossword and the ability to go straight home afterwards if the last case was adjourned. It’s about money.

    Incidentally you cannot record a call legally without consent.
    You’re right, they’ll no doubt treat it as an extended lunch break.

    From what I’ve read, you can legally record a call without consent as long as it’s for personal use, but if you’re relaying the call onto a third party then you need to gain consent. I wonder the possibility of them either retracting their offer or not mentioning it if I were to state at the beginning of the call that it’s being recorded.
    If the call starts with them saying “all calls are recorded for training purposes” then they have already consented to having the call recorded. It just means that you have a copy of the call as well, for “training purposes” only of course but you will still have a copy.  A transcript of the call may then be accepted by a judge at the tribunal.  If a transcript of a secretly recorded conversation can be admissible then it would be difficult to justify not allowing one that they had given consent to be recorded themselves.  
  • peachfuzz
    peachfuzz Community member Posts: 1 Listener
    wilko said:
    Hello MW9, welcome it's a difficult one this you think you should be awarded the enhanced rate for care and mobility and they are offering you enhanced mobility if you accept  and you don't proceed to tribunal. The thing is has your care needs, do they meet the criteria to get the enhanced rate or is it mainly your mobility that qualify more towards the enhanced rate? If your care needs are boarder line for enhanced rate whereas you're mobility is as such that you easily meet the criteria for the enhanced rate then maybe the DWP have reviewed your evidence that was submitted at the start of the claim which is all they can look a even if your health has worsened. If you do not accept the offer and proceed to tribunal only the medical notes information that was available, submitted at the start of your claim and used at your acessment will be allowed and a judgement, award made on the evidence provided at the claim start regardless of any worsening health or mobility issues. Take advice form CAB or others who I am sure will give a comment or opinion. Good luck and keep us updated and keep posting.
    wilko said:
    ...proceed to tribunal only the medical notes information that was available, submitted at the start of your claim and used at your acessment will be allowed .
    I just had my tribunal and they accepted and considered all the evidence Id amassed in the past year since my original application. They just questioned me to make sure my symptoms weren’t worsened since that date.

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