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Days before the Appeal date a call from the DWP !

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4 years 4 months ago #240399 by Amber
Is it really all over or am I dreaming?

My transfer from DLA (middle rate care) to PIP all began in July 2018. At the time I felt lucky not to have been reviewed before. The benefit was stopped in November 2018 with NIL points following a home assessment. I appealed Jan 2019 and at last had the date for Appeal for end of November. Further evidence went in with my appeal early this year and I sent more this week as I felt relevant to the context on which the award had been stopped.
Today out of the blue an 'Appeal Writer' rang and said she was reviewing the evidence I sent in earlier this year (months ago) and had looked at my ESA claim (from 2018!!!) and had referred the matter back to the HP's who were now awarding me 16 points 8 care + 8 mobility!!! She was very keen for me to make a decision before the appeal date which she stated she did not know (?!) I asked her to send confirmation to me for consideration.

It's unbelievable. I'm quite frankly dazed and still in a state of shock. I feel I should be jumping up and down with joy but of course I cannot jump and the stress of it all hasn't helped one little bit. I'm left wondering if they are now being 'fair' with me or wonder if I am stupid not to go to the appeal board! DWP lady comment was that the Appeal board 'might give me more' or might give me the same' or might not give me anywhere near the same'

I was actually coming close to thinking can I put myself through the appeal - the first and last one I had scarred me for life ...and I won! One thing I should have asked I guess is how long is this award for and I will ask however if I read the info correctly as I reached 65 within the last year I understand it might not be quite so often? I think I also realise from previous messages in this forum that there is a benefit with the mobility element in being on PIP before that age as there is no mobility component with AA. Bits of info like this helped me keep going.

If you don't think you can put yourself through it ..... and for sure it is detrimental to your health than dig deep as I have and in the end common sense may prevail.

Thanks for all the help on this site I found it difficult to go and get outside welfare rights and even when I did they suggested I won't go anywhere from NIL points! so it’s good to have the online help Thank You I might have to start up a Convalescence Home for people who need to recover from the charade of claiming entitlements!

I am not dreaming am I is there a emjoi to pinch me and say its true so it can sink in!!

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4 years 4 months ago #240410 by Gordon
Amber

Did they agree to send the offer in writing as it would be unusual for them to do this?

Have you actually agreed to take the offer? If you have then your appeal will be lapsed (cancelled), however, if you think that you should still score higher for the Mobility component then you can request a new appeal but do not do so until the revised Decision is in payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Amber

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4 years 4 months ago #240430 by Amber
Yes they did agree to put it in writing she said it would go out the same day. Why it it unusual for them to do that?
No I have not agreed the offer - I said I wanted something in writing and would need to consider the situation. She was very keen for me to ring her back next week.
The one thing I realised afterwards that I hadn't asked was how long is the award for. Not sure why I feel I should check that out but seems logical to ask?

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4 years 4 months ago #240443 by Gordon
Amber

They usually don't put it in writing because they want the claimant to be able to use the offer as evidence for their appeal, they usually insist on the claimant agreeing to the appeal being lapsed first.

Any offer in writing should have the award length.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 4 months ago #240483 by Amber
I have received the letter referred to as a 'PIP Lapse Appeal Offer Letter'
It confirms entitlement to Standard rate Daily Living and Standard rate Mobility and the backdated from date and the rates. The instruction goes on to say 'tell us if you agree with decision' we will then change your PIP award and your appeal will stop If you do not agree, we will not change your decision and your appeal will continue. They are asking me to call within one week. There is an 0800 number on the front and a direct line on the back.
He verbally told me how the points were made up.
There is NOTHING on the letter about the length of the award. Is this something that I should clarify before the appeal?

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4 years 4 months ago #240490 by Gordon
Amber

Yes, I would ask about the length of the award.

Wher the claimant has an award and appealing for a higher one, they usually use the existing award length unless the claimant is also challenging this, but if no award was made as in your case, I would have expected the award length to have been included in the offer letter and it is perfectly reasonable to request information on this before you make your decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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