Information in regard to withdrawing a PIP appeal?

Hi all,

I submitted an oral appeal in regard to an award of standard rate daily living and standard rate mobility, I then got a telephone call from DWP offering to change the mobilty to enhanced rate but to keep the daily living unchanged.......I did not agree to this as this would have dimissed the appeal when I still did not agree with standard rate of daily living.......

After now receiving the DWP response paperwork for the appeal I am now thinking not to go ahead with the appeal after all, especially as I did not know this would give you fresh appeal rights.......

Before deciding to cancel the appeal, I was just trying to find out that if I do, will the DWP automaticaly change the mobility to the enhanced rate as they previously agreed this during the appeal process, or do they not have to commit to the earlier offer?

Also I'm now thinking that if they are commited to their offer if I end the appeal, a better option would be to get what they are offering and then just start a written appeal afterwards in connection with just the standard rate daily living.......

Any advice would be much appreciated...... thanks!

Hi Gordon,

Yes your first paragraph is correct, but at the time I did not want the appeal to lapse because they were only going to change the mobility and not the dailing living also......

Thanks

On reading again Gordon......are you saying that the DWP would normally cancel the appeal automatically if altering just one part of the appeal in your favour without any contact?

Gordon wrote:

Invisible-Man wrote: Hi all,

I submitted an oral appeal in regard to an award of standard rate daily living and standard rate mobility, I then got a telephone call from DWP offering to change the mobilty to enhanced rate but to keep the daily living unchanged.......I did not agree to this as this would have dimissed the appeal when I still did not agree with standard rate of daily living.......

After now receiving the DWP response paperwork for the appeal I am now thinking not to go ahead with the appeal after all, especially as I did not know this would give you fresh appeal rights.......

Before deciding to cancel the appeal, I was just trying to find out that if I do, will the DWP automaticaly change the mobility to the enhanced rate as they previously agreed this during the appeal process, or do they not have to commit to the earlier offer?

Also I'm now thinking that if they are commited to their offer if I end the appeal, a better option would be to get what they are offering and then just start a written appeal afterwards in connection with just the standard rate daily living.......

Any advice would be much appreciated...... thanks!

The normal procedure when the DWP revise the appealed Decision to one that is more in favour to the claimant is that they apply the new Decision and lapse (cancel) the appeal.

Your post suggests that they offered you a choice, this would be unusual, so I would first check back with the DWP to find out what is going on with your claim, then you can decide on your next option.

In case you are not aware, a Tribunal panel can reach any Decision that was originally available to the Decision Maker, this means that in addition to increasing your award they can also reduce or remove it.

Gordon

Hmmmm,

I realise that they would contact me with the updated decision, but

So by the DWP phoning to see if I would be happy with the new decision that they were willing to give (with apeal lapsing) before giving it and not mentioning that I would have a right to appeal again for the daily living that they were not going to upgrade a bit naughty.......

I did not know until after the telephone call and only recently that I would get fresh appeal rights, therefore I said that I would not be happy for the appeal to lapse without getting all that I am appealing.....

So, is the DWP right in not changing the enhanced mobility that they now beleive I am entitled to and allow the appeal to carry on?

Feels a bit like blackmail to me!