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Belatedly accept DWP PIP offer or paper hearing?
- Sunshine569
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4 years 10 months ago #248574 by Sunshine569
Belatedly accept DWP PIP offer or paper hearing? was created by Sunshine569
Hi Gordon
I got 0 points after PIP review and Mandatory Reconsideration.
Soon after I began my appeal DWP offered me Standard Mobility but no Daily Living by letter. I ignored it as they couldn't tell me what descriptors, points etc were involved. This information finally came in the tribunal bundle in the form of a DWP submission which also gave reasons for the offer.
With only 1 week to go before tribunal, I have lost my nerve re phone hearing (suffer from mental health issues).
Which is the better option - see if DWP will allow my belated acceptance of their offer or go to paper hearing in hope that tribunal will still give me Standard Mobility as the DWP end their submission with "I respectfully recommend the Tribunal supersede the previous decision ... and give X (ie me) 10 points for mobility... Mobility component at the standard rate."
I welcome your advice.
J Brown
I got 0 points after PIP review and Mandatory Reconsideration.
Soon after I began my appeal DWP offered me Standard Mobility but no Daily Living by letter. I ignored it as they couldn't tell me what descriptors, points etc were involved. This information finally came in the tribunal bundle in the form of a DWP submission which also gave reasons for the offer.
With only 1 week to go before tribunal, I have lost my nerve re phone hearing (suffer from mental health issues).
Which is the better option - see if DWP will allow my belated acceptance of their offer or go to paper hearing in hope that tribunal will still give me Standard Mobility as the DWP end their submission with "I respectfully recommend the Tribunal supersede the previous decision ... and give X (ie me) 10 points for mobility... Mobility component at the standard rate."
I welcome your advice.
J Brown
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- Gordon
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4 years 10 months ago #248584 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Belatedly accept DWP PIP offer or paper hearing?
J
It's a decision that only you can make. you did have the option of accepting the DWP offer and then requesting a new appeal but if you are only a week away from your hearing then I would think very carefully before you go down this route.
So you should be thinking about whether to accept the offer or to go onto appeal.
You say this was following a review so did you have a Daily Living award before the latest Decision? Did this include a Daily Living award?
If it did, do you think that the DWP have shown that your conditions and limitations have improved such that no points was justified based on the report?
Have you made a submission? If you did do you think that you have reasonably shown that you meet criteria to score 8 points or more for Daily Living?
Have you understood the criteria that you are being assessed against? Have you dealt with the issues raised by the assessment report?
Gordon
It's a decision that only you can make. you did have the option of accepting the DWP offer and then requesting a new appeal but if you are only a week away from your hearing then I would think very carefully before you go down this route.
So you should be thinking about whether to accept the offer or to go onto appeal.
You say this was following a review so did you have a Daily Living award before the latest Decision? Did this include a Daily Living award?
If it did, do you think that the DWP have shown that your conditions and limitations have improved such that no points was justified based on the report?
Have you made a submission? If you did do you think that you have reasonably shown that you meet criteria to score 8 points or more for Daily Living?
Have you understood the criteria that you are being assessed against? Have you dealt with the issues raised by the assessment report?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anne Lee
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4 years 10 months ago #248659 by Anne Lee
Replied by Anne Lee on topic Belatedly accept DWP PIP offer or paper hearing?
I wouldn't do a telephone mandatory reconsideration. I bet they wouldn't even bother listening to you before saying you don't have enough points.
Do it in writing with photo copies of medical proof that they can't ignore.
Do it in writing with photo copies of medical proof that they can't ignore.
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- Gordon
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4 years 10 months ago #248664 by Gordon
J has already had an MR and is now at the appeal stage.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Belatedly accept DWP PIP offer or paper hearing?
Anne Lee wrote: I wouldn't do a telephone mandatory reconsideration. I bet they wouldn't even bother listening to you before saying you don't have enough points.
Do it in writing with photo copies of medical proof that they can't ignore.
J has already had an MR and is now at the appeal stage.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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