PIP appeal - very important new evidence.

spingoblin

Had a PIP assessment earlier this year but only got 2 points, there was no change at mandatory reconsideration so I started an appeal online. A few weeks after this an A4 envelope arrives through the post with copies of my form and previous assessment reports.

Since then I have submitted two quite detailed important reports that have arrived late from my hospital consultant and another from my therapist to the tribunals service three weeks ago through their online system, I think the evidence is that good it should prevent a tribunal taking place at all but that is only my view. My question is will this new evidence be looked at in the meantime by a decision maker or will I have to wait for the tribunal now which will likely be several months away? I have been checking my online appeal portal every day for any change of appeal status but nothing so far. Had no letters through the post either. I thought the DWP can review a case and change their decision any time up to the tribunal date?

poppy12345

Yes, the evidence you sent will be sent to DWP as well and it will be looked at. Sometimes an offer can be made before the hearing takes place but it's rare for this to happen.

Newcad

The DWP do phone people and make a new offer if new evidence is likely to get you a (higher) award at appeal.
But as usual there is a twist.

IF the DWP do telephone you with an award offer it will usually be an offer of a lower award than you might expect, or hope, the tribunal to make.

If that does happen then you have 3 choices:

1- Reject the offer and continue to tribunal, (letting them know what the DWP have already offered).
2- Accept the offer and be content with that award.
3- Accept the offer, then start a new appeal to challenge the new award if you still feel it is too low.

Which one you do is up to you.
1- Means that you won't get any PIP payments until after your appeal has been heard at tribunal.
2- Means you will get get an award put into payment without the need for tribunal. So then your appeal will "Lapse" (be cancelled)..
3- Means you will get get an award put into payment, your appeal will Lapse, and if you believe that it still should be higher you will have to start again with a appeal of the new award and so have to wait longer for it to be heard.

So it depends on what you think that you should have been awarded, and what the DWP are offering.
Then if you'd rather wait with no PIP untill your current appeal is heard, or get at least some PIP in payment and walt longer to try and get more.

It's as well to know those options in advance, so that if the DWP do ring out of the blue to make an offer you already have an idea of which way you'll want to go, depending on what they do offer.

Of course if the DWP ring you and offer 'Enhanced' for both Daily Living and Mobility then the tribunal can't award any more than that anyway.

calcotti

Newcad said:

If that does happen then you have 3 choices:

1- Reject the offer and continue to tribunal, (letting them know what the DWP have already offered).
2- Accept the offer and be content with that award.
3- Accept the offer, then start a new MR, and new appeal if needed, to challenge the new award if you still feel it is too low.

The option 3 is incorrect. If the 'offer' is accepted the claimant not need to request a new MR. They can simply lodge a new appeal is they wish to.

HillStreetBlues

Is there a preference on advice on what is best out of option 1 & corrected option 3?

calcotti

HillStreetBlues said:

Is there a preference on advice on what is best out of option 1 & corrected option 3?

In general I would suggest 3 would it gets some money immediately into payment - but if the claimant already has sufficient income from their needs they may prefer to stay with 1.

Newcad

calcotti said:

Newcad said:

If that does happen then you have 3 choices:

1- Reject the offer and continue to tribunal, (letting them know what the DWP have already offered).
2- Accept the offer and be content with that award.
3- Accept the offer, then start a new MR, and new appeal if needed, to challenge the new award if you still feel it is too low.

The option 3 is incorrect. If the 'offer' is accepted the claimant not need to request a new MR. They can simply lodge a new appeal is they wish to.

Thanks for the correction.

(Sometimes your brain and fingers just get carried away and type the things they are used to typing).

spingoblin

spingoblin said:

Had a PIP assessment earlier this year but only got 2 points, there was no change at mandatory reconsideration so I started an appeal online. A few weeks after this an A4 envelope arrives through the post with copies of my form and previous assessment reports.

Since then I have submitted two quite detailed important reports that have arrived late from my hospital consultant and another from my therapist to the tribunals service three weeks ago through their online system, I think the evidence is that good it should prevent a tribunal taking place at all but that is only my view. My question is will this new evidence be looked at in the meantime by a decision maker or will I have to wait for the tribunal now which will likely be several months away? I have been checking my online appeal portal every day for any change of appeal status but nothing so far. Had no letters through the post either. I thought the DWP can review a case and change their decision any time up to the tribunal date?

Uploaded online to HMCTS over four weeks ago. Heard and seen zilch so I guess that means the DWP decision maker looked at it, thought 'nah you're still going to tribunal mate'. Oh well deep down I half expected it, just a hope really. Thanks for the replies.

spingoblin

An update - maybe the DWP have not looked at it yet after all. The extra evidence I uploaded to the HMCTS over two months ago I have just received paper copies of it all back off them with a letter dated 21st July saying they will be sending copies of it to 'other people involved in the appeal' as well. I'll keep you posted and thanks again.

Charles_Foxtrot

Realistically, what is going to happen is DWP will do nothing. They will not look at anything you send to the HMCTS and suddenly say "oh whoops, we're going to reverse our decision." If you're at the appeal stage, you already asked for mandatory reconsideration and they refused it. DWP may in their letter, specifically state that nothing you submit after the date of their decision should be considered. 

You will need to go to tribunal, and evidence you submit to the tribunal service will be important. It's your opportunity to counter and pick apart what was said in the assessment report vs the reality. Evidence is not adding more reports of symptoms that popped up in the meantime, what is considered is what was going on when the application was made. 

Be prepared to wait. We just won our appeal last week at tribunal - 13 months after the initial application was made. The tribunal panel was very specific in framing questions and asking about what exactly were the symptoms/problems last year when the application was made - not now. 

DWP did nothing in regards to evidence or additional statements except write bog standard letters claiming all assessors were well trained and basically infallible and called for the tribunal to be dismissed.