DWP PIP Tribunal

cornish_donkey

Hi guys I have a couple of questions...

My husband is taking the DWP to tribunal because he was awarded no daily living and only 4 points for mobility.

Today he received a phone call from the DWP offering to settle out of court. He was offered enhanced daily living and no mobility but they would only give it to him if the case is closed. My husband asked about mobility and was told she couldn’t award anymore points other than the original 4 points. Is this true?

My husband declined their offer, what he right in doing so?
We’re almost certain he will be awarded mobility at tribunal as he has a lot of medical evidence and his issues of mobilising are evident when you see him.

Now the DWP have offered enhanced daily living will the judge take that into account and possibly award the same rate?

Tia

poppy12345

It's his decision whether he accepts it or not but he certainly doesn't have to and no, it won't go against him at the hearing.



Whether or not he'll be awarded any mobility will totally depend how his conditions affect him and it's difficult to give advice without knowing exactly how his conditions affect him.



He's got nothing to lose by going to Tribunal because he doesn't currently have an award, even though he declined the offer by DWP.

cornish_donkey

poppy12345 wrote: »

It's his decision whether he accepts it or not but he certainly doesn't have to and no, it won't go against him at the hearing.



Whether or not he'll be awarded any mobility will totally depend how his conditions affect him and it's difficult to give advice without knowing exactly how his conditions affect him.



He's got nothing to lose by going to Tribunal because he doesn't currently have an award, even though he declined the offer by DWP.

Do you think it’s likely the judge would award enhanced DL seeing as PIP just did (. Kind of )

45002

OP previous threads on Tribunal

https://forums.moneysavingexpert.com/discussion/6056132/pip-tribunal-question

https://forums.moneysavingexpert.com/discussion/6042863/pip-tribunal-question








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poppy12345

cornish_donkey wrote: »

Do you think it’s likely the judge would award enhanced DL seeing as PIP just did (. Kind of )

I have no idea and no one can tell you that on a forum.

calcotti

cornish_donkey wrote: »

Do you think it’s likely the judge would award enhanced DL seeing as PIP just did (. Kind of )

The tribunal will reach their own decision based on the evidence before them.

calcotti

Had your husband accepted the offer from the DWP the appeal would have been closed. However the award by the DWP is a decision and I believe he would have been able to request an MR of the new decision if he wished and could then have taken it to a new appeal if necessary. That would obviously have dragged things out but would have meant he was getting an award now - it's 'swings and roundabouts'.

Have the DWP seen all of the evidence about mobility that you refer to?

cornish_donkey

calcotti wrote: »

Had your husband accepted the offer from the DWP the appeal would have been closed. However the award by the DWP is a decision and I believe he would have been able to request an MR of the new decision if he wished and could then have taken it to a new appeal if necessary. That would obviously have dragged things out but would have meant he was getting an award now - it's 'swings and roundabouts'.

Have the DWP seen all of the evidence about mobility that you refer to?

As far as I’m aware they’ve seen it. We’ve been sending the evidence to the tribunal service since his MR was rejected and apparently they send it to the DWP and his representative.

calcotti

cornish_donkey wrote: »

As far as I’m aware they’ve seen it. We’ve been sending the evidence to the tribunal service since his MR was rejected and apparently they send it to the DWP and his representative.

Yes, if it's gone to HMCTS they will send it to DWP - that may have influenced their 'offer' on Daily Living.

gingerbreadmen

Let me see if I have this correct.
You had a assessment carried out by health professional (FTF) Which scored you 0 points for the Daily Living part. You then asked for a mandatory reconsideration, But still were given 0 point for the Daily Living part. So you then were still not happy with the decision, so you Decide to take it to a appeal tribunal. Only then did the DWP suddenly after all this time decide (remember) that you were actually entitled to 12 point for the Daily Living part (enhanced rate).

cornish_donkey

gingerbreadmen wrote: »

Let me see if I have this correct.
You had a assessment carried out by health professional (FTF) Which scored you 0 points for the Daily Living part. You then asked for a mandatory reconsideration, But still were given 0 point for the Daily Living part. So you then were still not happy with the decision, so you Decide to take it to a appeal tribunal. Only then did the DWP suddenly after all this time decide (remember) that you were actually entitled to 12 point for the Daily Living part (enhanced rate).

That’s correct. After the f2f it said on the paperwork he received 0 points for daily living and 4 points for mobility so asked for an MR but they wouldn’t budge. He is now waiting for a tribunal date and out of the blue they offered him enhanced daily living.