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Settlement of PIP before tribunal 8 months 1 day ago #246598

Having gone to Mandatory Reconsideration I received standard rate mobility and no points for daily living, so appealed for tribunal.

Just received a phone call from DWP offering standard rate daily living if I withdraw appeal. I believe I should receive higher rate daily living but with current COVID situation I wonder how long a decision will take from tribunal?

I have been trying to contact my CAB worker who has advised so far, but it is impossible to get through. If I accept standard rate, will this prejudice any future application for higher rate?

Your thoughts would be appreciated.

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Settlement of PIP before tribunal 8 months 1 day ago #246612

Margaret

You should expect at least an additional three months delay to any wait times that already exist for a hearing in your area and possibly longer.

You have three options;

1. You can accept the offer and take no further action.

2. You can accept the offer and when it has been put into payment and not before, you can then request a new appeal for a higher award.

3. You can reject the offer and continue on to appeal.

Gordon
The following user(s) said Thank You: Margaret

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Settlement of PIP before tribunal 8 months 15 hours ago #246700

If I accept standard rate, is there a time limit within which the appeal has to be lodged, as there is after a MR?
Also, would the fact that I had already accepted standard rate count against me in any future appeal?

Many thanks

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Settlement of PIP before tribunal 8 months 9 hours ago #246714

Margaret

You would need to request a new appeal within one month of the date on the DWP confirming the new award or a Late request up to 13 months afterwards but this will need to be accepted by both the Tribunal Service and the DWP.

There is no reason why your accepting a lower will have an impact on a new appeal, you would afterall be appealing for a a hiigher award.

Gordon

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Settlement of PIP before tribunal 7 months 4 weeks ago #246731

I am so confused about whether to accept the DWP offer or not.

I managed to talk to my CAB adviser, who says that they are not providing any specialist benefits advisers to help with tribunals for the foreseeable future. So this means I will have to do my own submission (I opted for paper-based)

I rang the DWP Decision Maker back yesterday to find out where they had allocated me extra points.
Daily living - 9 instead of 0 at MR I believe I should have 16
Mobility 10 given at MR, and no change on that. . I believe it should be 14

If I accept standard rate Daily Living and standard rate Mobility, and appeal once the award has been received, I will be in just the same position again, as there will still be no specialist adviser from CAB.

Is there anyone else who could write the submission for me? I have tried MIND and Law Centre but it is impossible to get through in the current situation. I would value your opinion. please.

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Settlement of PIP before tribunal 7 months 4 weeks ago #246741

Hi Margaret

Unfortunately, this is something you are going to have to decide for yourself. In the current climate, none of the normal services that offer advice on benefit claims, MRs and appeals are available.

So yes, you will be on your own with your submission and will have to argue the points where you didn't score as highly as you think you should have done. The success rate for Tribunals remains high (approx 73%) and that may influence your decision.

BIS

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Moderators: GordonGaryBIS