DWP PIP Tribunal

gingerbreadmen

cornish_donkey wrote: »

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.

Strange that. Wonder if they would of decided (remembered) if you had not decided to go to tribunal.

cornish_donkey

gingerbreadmen wrote: »

Strange that. Wonder if they would of (remembered) if they had not decided to go to tribunal.

Hmmm I wonder!?

calcotti

gingerbreadmen wrote: »

Strange that. Wonder if they would of (remembered) if they had not decided to go to tribunal.

It’snot a case of remembering. It will be a case of another DM looking at it again, from what OO has said this may have included additional evidence submitted since MR.

cornish_donkey

calcotti wrote: »

It’snot a case of remembering. It will be a case of another DM looking at it again, from what OO has said this may have included additional evidence submitted since MR.

I have no idea what to make of their offer today? They seem to have ignored photographic evidence, xrays and hospital summary’s which provide enough information on mobility needs. It’s almost like they thought they’d offer half the PIP award and hope he decides to just accept it and close the case.

It feels like it did when I reclaimed PPI and they only offered redress so I had to make a further complaint for them to pay the full amount due.

I wonder if their using dirty tactics.

gingerbreadmen

cornish_donkey wrote: »

I have no idea what to make of their offer today? They seem to have ignored photographic evidence, xrays and hospital summary’s which provide enough information on mobility needs. It’s almost like they thought they’d offer half the PIP award and hope he decides to just accept it and close the case.

It feels like it did when I reclaimed PPI and they only offered redress so I had to make a further complaint for them to pay the full amount due.

I wonder if their using dirty tactics.

DWP never :rotfl::rotfl:

cornish_donkey

I called the DWP today to question why they changed their mind about the daily living element, after getting off the phone to them they called back 15 minutes later and awarded enhanced rate on both. Funny how questioning them suddenly makes them realise they were wrong. We’re so pleased it’s all over!

Spoonie_Turtle

cornish_donkey wrote: »

I called the DWP today to question why they changed their mind about the daily living element, after getting off the phone to them they called back 15 minutes later and awarded enhanced rate on both. Funny how questioning them suddenly makes them realise they were wrong. We’re so pleased it’s all over!

That's great news, I am glad for you!

It just sounds so bizarre, like they were negotiating - 'what can we offer so they don't take us to tribunal?' :think: great if they offer people what they're actually entitled to and a heck of a lot quicker and cheaper than a tribunal, but sounds really suspect if they initially offer something lower. Very very strange, one wonders what they were hiding!

cornish_donkey

Spoonie_Turtle wrote: »

That's great news, I am glad for you!

It just sounds so bizarre, like they were negotiating - 'what can we offer so they don't take us to tribunal?' :think: great if they offer people what they're actually entitled to, but sounds really suspect if they initially offer something lower. Very very strange, one wonders what they were hiding!

My thoughts exactly x

Sheepski

In these cases, the courts typically contact the DWP and basically tell them that if the court case goes ahead, then they will lose. The courts can (and I think usually do) offer some advice on what should be awarded. Then it's up to the DWP to decide what to offer.

Clearly in your case they still tried to lowball you, but realised that you could still take it to court and they'd have to pay anyway and then look worse to the courts.

I've had about 5 or 6 of these cases in the last few months now, starting quite suddenly so I'm not sure if there was a change in how the courts work or anything

calcotti

Sheepski wrote: »

In these cases, the courts typically contact the DWP and basically tell them that if the court case goes ahead, then they will lose. The courts can (and I think usually do) offer some advice on what should be awarded. Then it's up to the DWP to decide what to offer.

The courts cannot do this. They don't know what might be awarded until the tribunal have had the hearing so they cannot put pressure on the DWP in advance of the tribunal.

What has changed, I think, is that the DWP have put some extra resource into reviewing claims at this stage. They have also said that at MR stage they are going to actively seek additional medical information in order to review decisions. See https://hansard.parliament.uk/Commons/2019-10-07/debates/CD754416-4E0D-4CDA-8984-2CB7D0F86193/OralAnswersToQuestions#contribution-CB45E36A-63EC-4AA3-BF8F-9EF20AE481B7 "The hon. Lady is absolutely right to highlight the need to improve mandatory reconsiderations, which is why we brought forward the pilots in the spring. The pilots are proactively gathering the additional written and oral evidence that was often presented at the end of the independent appeal process, which would sometimes take a year or even longer—that was not acceptable. We have been doing this over the summer, and we are now doing it for all PIP and work capability assessments."