Question about DWP offer

anxiousbird
anxiousbird Online Community Member Posts: 165 Empowering
in PIP, DLA, ADP and AA
Hi 
(A bit of backstory: claiming for mental health mainly. Got zero points after assessment. Awarded standard daily after MR. Submitted an appeal, local welfare rights officer involved. Recently got a letter from DWP saying they’ve received ‘further evidence’, even though we never sent any further evidence, and that they’d like to offer standard mobility as well. Said I needed to respond by 31st august if I wanted to accept this and withdraw from the appeal) 

Question: For some reason, my welfare rights worker hasn’t been replying to my emails for the past many weeks. I asked him what to do (I.e. whether to accept the offer or not). My question is, if I accept the DWP offer, then they’ll close my appeal. Is it possible to accept the DWP offer for now but still appeal after that? (As I believe I should get enhanced mobility and now have more supporting evidence from my CPN). How would that work? 

Thanks in advance :) 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    HI,

    Yes you can accept the offer and then apply to Tribunal again but your waiting time starts from the begining and you'll need to re-apply for the Tribunal.
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    anxiousbird said: My question is, if I accept the DWP offer, then they’ll close my appeal. Is it possible to accept the DWP offer for now but still appeal after that?
    Yes. If DWP revise the award that creates a new decision which lapses the existing appeal but the new decision has appeal rights. The new decision can be appealed direct to the tribunal service without the Mandatory Reconsideration stage.
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    Thank you all for your replies :)  @calcotti

    @poppy123456 , nice to see you’re back :)

    Mike, the last email I received from my rep was on 19th July. Haven’t received any replies from him since then (It’s a main email address for the welfare rights dept that I email on, not a personal one for him). And I haven’t got any reply back telling me he’s on leave or off sick or anything, so getting a bit worried. 
    The offer letter I received from the DWP seemed like it was the same one that was sent to my rep at the same time as well; as it greeted myself and my rep both. 




  • forstgump
    forstgump Online Community Member Posts: 67 Listener
    Don’t take anything from them , take it to court if u have too it’s long but it will be worth it peace ☮️ 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    forstgump said:
    Don’t take anything from them , take it to court if u have too it’s long but it will be worth it peace ☮️ 

    It's not court though, it's a Tribunal which is completely different to a court. A claimant can accept the award and continue to Tribunal, as advised.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    anxiousbird said:

    @poppy123456 , nice to see you’re back :)


    Thank you! :)
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    Okay so an update. My welfare rights worker eventually replied (and yes he was on annual leave). He suggested that we should go ahead with the appeal and not accept the offer especially now that the supporting letter from my mental health nurse is very strong. I thought about it and told him that I wanted to actually accept the offer and then appeal again later (so atleast there is something in hand while I wait for the hearing). The deadline to accept DWP offer was 31st august. I sent a reminder email to the welfare rights worker on 30th august to ask whether he had responded to the DWP offer yet. Just received his reply that he did not respond to the offer and the appeal is going to go ahead now. Plus, I have now got a hearing date (for November).  

    My question is: is there a possibility that DWP will make an offer again at some point before the hearing? (Given that we’re sending additional evidence as well)

    I’m just really scared now and thinking what if I don’t get anything and then I would have lost the standard mobility that I was being offered by DWP. ?
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    Reading my post again, I should clarify that I’m NOT upset at my WRO. I understand that he must be quite busy and so would’ve forgotten / hadnt had the time to respond to the offer. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It would be impossible for anyone to predict whether you'll be offered another award by DWP before the hearing takes place.
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    Thanks for your replies :) 

    And to reply to your question Mike, I just feel embarrassed asking too many questions of my WRO ? don’t want to overload him and keep him from working on other cases. 
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    Thanks Mike, that’s helpful to know. It’s my first time actually having a WRO supporting me. Since they’re doing it free of charge I guess that’s why I felt a bit weird asking too many questions. But your post has been helpful :) 
  • anxiousbird
    anxiousbird Online Community Member Posts: 165 Empowering
    It’s a bit different asking on an online forum, as its no one person you’re putting the pressure/burden on to answer your query. 

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