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Accepting a PIP 'deal' from the DWP and appealing anyway?

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2 months 1 week ago #294337 by Helen
Here's my PIP 'deal' story which is ongoing - maybe it will be of interest. I had been awarded Standard Mobility only, and I made an appeal for Enhanced DL and Enhanced Mobility.

My tribunal was coming up at some point in the next couple of months. I received a directions notice from the judge saying they wouldn't allow my audio recording as evidence because it was two hours long and that wouldn't be a good use of everyone's time(!!), but they would allow my notes about it, which pointed out the inaccuracies of the PA4 by referring to precise time points in min:sec and verbatim quotations.

However shortly afterwards the DWP called and offered me a 'deal' - his words. They would award me 4 more points for DL, awarding me Standard Daily Living in addition to the Standard Mobility I had already been awarded, and the appeal would lapse.

On local legal advice I accepted this 'deal' while also planning to appeal the new decision anyway, because it would obviously help me financially now. I hadn't understood before that you could accept AND still go to tribunal to appeal.

A paperwork warning - I accepted the new decision over the phone on 21st August, received no paperwork and chased the new decision letter yesterday (4th Sept). The new decision letter had not even been sent and a replacement will take 7-10 working days to arrive, leaving just one week to read the new decision letter and appeal before the month's deadline. (I know what the extra points have been awarded for but I don't know if they have changed their reasoning for other activities.)

So I imagine for the most part I will be repeating my arguments made in the initial appeal? Can you submit new evidence at this point?

If you have any advice or thoughts please let me know. I hope this makes sense. Thanks so much for reading, Helen

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2 months 5 days ago #294487 by Gary
Hi Helen

Thank you for your post, it will help others in a similar situation.

You can submit additional evidence to HMCTS state up to 2 weeks before the hearing date.

If you have an inperson appeal, ie face to face, then you can submit evidence on the day, you do need to have 3 copies of the evidence, one copy for each member of the panel, you may want to take a spare copy just in case DWP turn up at the hearing.

Gary

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

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2 months 4 days ago #294493 by Helen
Hi Gary

Thank you so much for your helpful reply about the evidence, I really appreciate it.

All best for now
Helen

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2 months 4 days ago #294508 by Bud
Helen, I did similar to you by accepting an offer from DWP, & still appealed. I didn’t get the letter either, so I rang DWP up & spoke to someone who said that they’d send another letter out. They said it would take 7-10 days, but the letter actually arrived the next day. However, they’d missed certain things out as to how they reached their decision. I could’ve rang DWP up & asked for an explanation, but I’d had enough & decided that I’d use this as part of my appeal. The appeal’s going ahead, & I have nothing to lose. So here’s to us both eh 🥊 🤭

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2 months 2 days ago #294581 by Helen
Thanks Bud! When it happens over and over again and to multiple people you know it's part of the system and not the letter just 'getting lost in the post'. Yes, the letter I received after chasing had no information in it other than the points awarded. That is a really good point about using that in your appeal. Yes, good luck to us both and let's keep fighting. :)

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