Call from DWP before tribunal

billiepiper14

Hello I’m just looking for advice please.

scored 0 points on my PIP claim and 0 points at MR.

We are going to tribunal around Feb time I believe. My representative was called yesterday and told they can offer 10 points Mobility and 6 for DL.

They called back an hour later once my representative had spoken to me but I said I had no decision yet. They said they would call today but havnt.

I firmly believe I should score 8 points in DL. I’ve looked online but not sure which is most up to date info. What options do I have please ?

[Deleted User]

You can accept the offer, your appeal against the original decision will be settled by agreement, so it will not go to a hearing.

If you are confident that you can persuade a Tribunal you are entitled to more points and do not want to accept the offer then the appeal would proceed to a hearing and the Tribunal will decide what points you are entitled to.

What advice has your representative given you?

billiepiper14

Thankyou for the reply. Sorry my representative is family so no advise

HillStreetBlues

You can take the points and continue with new appeal. So if happy with Mobility, would be the points for Care.
EDIT for correction.

Spoonie_Turtle

HillStreetBlues said:

You can take the points and continue appeal. So if happy with Mobility, would be the points for Care. It's not a take it leave it offer.

The advantage of this is it gets an award in place and payments started.

Would it reset any clock, do they have to do an MR of the decision they accept, or would it still proceed to tribunal on the current timeline?

poppy12345

HillStreetBlues said:

You can take the points and continue appeal.

For the avoidance of doubt, if the offer is accepted the appeal will lapse. They then need to wait for the award to be put into payment and then request the Tribunal again. The waiting time will start from the beginnng.

poppy12345

Spoonie_Turtle said:

HillStreetBlues said:

You can take the points and continue appeal. So if happy with Mobility, would be the points for Care. It's not a take it leave it offer.

 do they have to do an MR of the decision they accept,

No, they do not need to request the MR again.

billiepiper14

Thankyou all, so I can accept the revision have the payments started for mobility and then appeal the DL part ? 

poppy12345

billiepiper14 said:

Thankyou all, so I can accept the revision have the payments started for mobility and then appeal the DL part ? 

Yes, you can do exactly that but please remember the timescale starts from the start again, so likely another long wait. At leat you will have an award in payment with a little money is the menatime.

Muttleythefrog

Always difficult to give precise advice as we will never here have sufficient information of your case and the evidence in play. However on the face of it.... a general strategy of perhaps accepting the offer and then later challenging it as poppy offers up as option if you think you should get more than standard Mobility PIP award. The appeal tribunal should look at the whole award and so obviously if you think you should get more mobility points then make a case for that in appeal submission too... in addition to your detailing of your disabilities in relation to the daily living activities and how you should get what you consider to be the appropriate descriptors awarded. (CAB website is good for information - the section on filling in the disability form for a new claim is always useful as the guidance on describing and detailing disabilities remains forever meaningful in a claim).

Amazing how the threat of a tribunal though encourages the DWP to move from 0 points across the activities to 16... an indicator their own evidence relied on is probably good only as toilet paper.

Be helpful/interesting if you update this thread with key events going forward. Good luck!

HillStreetBlues

poppy12345 said:

HillStreetBlues said:

You can take the points and continue appeal.

For the avoidance of doubt, if the offer is accepted the appeal will lapse. They then need to wait for the award to be put into payment and then request the Tribunal again. The waiting time will start from the beginnng.

Thanks for the correction

Would it be correct that if OP continues with appeal  that the DWP must inform the panel  that it now thinks the OP is entitled to the points they have offered?