When DWP appeals a PIP tribunal decision

Do you know whether the DWP routinely appeals a first-tier tribunal decision for PIP if the benefit claimant is granted a certain number of points more than in the DWP's original or mandatory reconsideration decision, say 20 or more extra points? For example, a DWP decision of five points is changed to 25 points by the tribunal. If this 'threshold' is passed, does whether or not a representative of the DWP (presenting officer) attended the tribunal hearing affect the DWP's decision to appeal?

I ask because the DWP awarded me zero points for both daily living and mobility components. However, the tribunal stated that I was eligible for 12 points for daily living component (ie enhanced rate) and ten points for mobility component (ie standard rate). That is an increase of 22 points. There was no presenting officer at the tribunal hearing.

Actually I could not believe that the tribunal stated that I was eligible for all the descriptors I claimed at the tribunal hearing.

Also following a tribunal hearing how long does it take to receive a letter from the DWP, either to confirm the award of PIP or to state that the DWP is challenging the tribunal's decision?

Thank you Gordon.

No, I had not telephoned the DWP. I assume you meant the PIP enquiry line.

I also want to thank this site for the advice in the publications and on the forum. Without this I do not think I would (eventually) have been successful. In particular it helped my friend prepare information to send with the PIP2 form and later a written submission which meant I did not have to talk very much at the tribunal hearing apart from answering a few premlinary questions (eg have you received the appeal papers? is this a new claim for PIP? which descriptors are you claiming?) After that the tribunal hearing ended. My companion and I then had to leave the room for about five minutes while the tribunal discussed things. When we returned I was informed that I had been found eligible for the enhanced rate of daily living component and the standard rate of mobility component.

When I asked how long the award would be for I was told that It was for an 'indefinite period'. On the decision notice, it states: "It is inappropriate to fix a term" for the both the daily living and mobilility components. Would the DWP accept this? Also what is meant by an 'indefinite' award (assuming that the DWP gives me that)? Ten years?

There has been a lot of stress and anxiety in this new claim for PIP, and I had to wait just over a year for the tribunal hearing after the appeal was received. However, I hope the result encourages others on the autism spectrum to apply for PIP and carry on to appeal if necessary.

I did contact the PIP enquiry line as advised by Gordon. The DWP received the decision notice on the same day as the tribunal hearing. It appears that the decision notices are emailed to the DWP, at least from that hearing venue. When I was on the telephone I was asked to answer several yes/no questions. These included whether, since the start of my cIaim for PIP in December 2017, I had been in hospital, prison or out of the country for more than four weeks. I also had to confirm my bank account details. I was told that now the DWP had that information it would speed up the payment of the award if the DWP decided not to challenge the tribunal's decision.

I have now received a letter from the DWP that confirms my award for the enhanced rate of the care component and the standard rate of the mobility component. Both are for "an ongoing period". It states that they will contact me after a date in 2028 (in fact ten years minus one day after the face-to-face assessment with the Capita health professional) "to make sure you're receiving the right level of PIP". This letter arrived three and a half weeks after the tribunal hearing.

All this has taken one year eight months - since December 2017. In fact since before that as we were starting to work out what to write for the claim before initiating the claim. I received zero points in the original decision and after mandatory reconsideration. The tribunal hearing took place over 13 months after my appeal was received by HM Courts and Tribunals Service. I wanted to give up at various stages but I had people to help me. I recognise that there are others who are not so fortunate.

Once again, I want to thank this website for information and assistance provided.