PIP tribunal hearing

specialkay60

Hi All

just after some advice, my daughter was awarded lower rate of PIP for her health conditions, her illness worsened and consultant wrote letter to confirm this but when she sent evidence to PIP they stopped award altogether!! she has gone through appeal process and is now waiting for tribunal date, however someone from PIP called and said that they can put her back on lower award if ahe drops going to tribunal hearing, is this best she can hope for or is it better to go to tribunal? in meantime she has been awarded ESA at highest wait on support group whatever that means? sorry for long post but confused! I am trying to help her with all this

tacpot12

It depends on whether she is confident that she should be receiving the higher rate of PIP. If she thinks that there is only an outside chance that the tribunal will award the higher rate, she might be better off taking the offer of the lower rate, if doing so will radically improve her quality of life. If she can manage without the Personal Independence Payments until the tribunal, she is probably better off waiting as they should backdate the payments (at either the lower or higher rate) to the point she was eligible for PIP. (They should also backdate if she accepts their offer to receive the lower rate immediately - it might be worth her checking that this is the case). 

Has she had any advice from any advice agency as to whether they think she meets the criteria for the higher rate? It might be worth seeking advice if she has not had it already. Sometime claimants can talk themselves into viewing their claim as weak, when it is actually very strong.

Being placed in the ESA "Support Group" means that the DWP thinks that she is unlikely to ever be fit for work again -  she will continue to receive ESA until she reaches her state pension age, but she can still do some work if she wants to do so. If she is interested in working, she could seach the internet for "ESA Permitted Work" to see what is allowed.

calcotti

If she accepts the ‘offer’ the existing appeal will lapse. An award decision will be issued and she will be paid arrears to the date she started the claim and will start to get 4 weekly payments.

However she can then, if she wishes, immediately appeal the revised decision (without the need for an MR) seeking a higher award. Taking advice about entitlement is sensible, as suggested by tacpot. If a tribunal does then increase the award that increase will be backdated to the start of the claim.

tacpot12 said:

Being placed in the ESA "Support Group" means that the DWP thinks that she is unlikely to ever be fit for work again

It doesn’t mean for ever. Unless there is a long term health condition for which there can be no recovery/improvement Work Capability Assessments will be carried out from time to time to reassess whether the claimant still meets the Support Criteria. Some people would  be reassessed quite quickly.(although at the moment reassessments are on hold due to the backlog dealing with new claims).

specialkay60 said:

in meantime she has been awarded ESA at highest wait on support group whatever that means?

I assume that she is claiming new style ESA. Being in the Support Group means that her ESA payments will increase to the maximum amount from the 14th week. Being in the Support Group also means that the ESA can continue indefinitely (unless she is later found to no longer fit the criteria). If she had not been put in the Support Group new style ESA would end after 52 weeks.

Has she used a benefits calculator to check whether there is any additional support through Universal Credit?

poppy12345

calcotti said:

 If a tribunal doesn’t then increase the award that increase will be backdated to the start of the claim.

Typo that should read "if the Tribunal does and not doesn't.

Alice_Holt

so the DWP now admit that their earlier decision was incorrect.
I'd accept the (limited) offer, and go on to tribunal (assuming she can get to 12 points for an enhanced award) as her condition and abilities have worsened.
As calcotti has outlined.

My typing is limited atm.
But if you google CPAG - offers by the DWP pending an appeal  (or similar),
Advice Now - How to win a PIP appeal,
PIP adviceguide (citizens advice).

You will find some useful info.

calcotti

poppy12345 said:

calcotti said:

 If a tribunal doesn’t then increase the award that increase will be backdated to the start of the claim.

Typo that should read "if the Tribunal does and not doesn't.

Thanks poppy, now corrected.

calcotti

Alice_Holt said:

so the DWP now admit that their earlier decision was incorrect.
I'd accept the (limited) offer, and go on to tribunal (assuming she can get to 12 points for an enhanced award) as her condition and abilities have worsened.

Alice, I’m not sure this is what you meant. A tribunal can’t take into account any worsening since the original decision, they can only consider whether the decision was appropriate at the time it was made.

If OP accepts the offer and they want any worsening to be considered they would need to report a change and would then go through the whole assessment process again.

Alice_Holt

calcotti said:

Alice_Holt said:

so the DWP now admit that their earlier decision was incorrect.
I'd accept the (limited) offer, and go on to tribunal (assuming she can get to 12 points for an enhanced award) as her condition and abilities have worsened.

Alice, I’m not sure this is what you meant. A tribunal can’t take into account any worsening since the original decision, they can only consider whether the decision was appropriate at the time it was made.

If OP accepts the offer and they want any worsening to be considered they would need to report a change and would then go through the whole assessment process again.

    As I understood the OP, the daughter reported a worsening of her condition (and sent evidence), the DWP then reassessed her claim and made a decision to end her award. 
(Presumably the OP was expecting that reporting a worsening condition would increase their award (otherwise it was pointless to notify the DWP)).
Perhaps the OP could clarify and tell us the exact chronology of events.

The tribunal should accept the DWP offer as a base award, and go on to explore if the medical and verbal evidence of the daughter supports a higher PIP award.  The OP's should in their tribunal submission explain exactly why and how additional points should be awarded to get to an increased award.

More info from the OP would be helpful - what points they feel should be awarded etc.
OP's daughter should see if their local advice charity has a caseworker who can help. 
If going on to tribunal, daughter must participate for the best outcome.

Filmlover1981

Hello,
I am currently waiting for my PIP Tribunal (since December 2022), and I have noticed that are various lies and discrepancies in the DWP's evidence, particularly the altering of medical letters, which I've highlighted to the Tribunal panel in writing. Will this count for a lot when the judge hears my case? 

calcotti

What determines the tribunal decision is whether they are convinced that you meet the standard needed to score enough points to qualify for PIP. 

I find it very hard to believe that DWP have altered medical letters.

HillStreetBlues

calcotti said:

 I find it very hard to believe that DWP have altered medical letters.

As do I.

They might have spun it to back up a rejection, but tampering with evidence, I just can't see it