[Fiz]

Can I ask a question. Someone I know was previously on highest rates for care and mobility of DLA. They've had their PIP assessment which came back with standard rate care and mobility so they requested an MR which came back as decision unchanged so they officially informed the DLA that they are appealing and await a tribunal date. Since then the DWP have phoned saying having looked at the information and assessment again, they will offer enhanced mobility and standard care.

This person believes that they can officially accept the enhanced mobility but continue on to tribunal with regard to the care award. Is this possible to do? ie can you accept half the offer but appeal the other half? The offer of enhanced mobility was made by phone so they've nothing in writing.

[ally]

From what I'm reading on rightsnet, many claimants have been contacted directly by the DWP and offered a lower award,  as long as they abandon their appeal. They are given a few days to consider it, and, if they say no, then the lower  rate isn’t awarded and the case continues to tribunal.
Some advisors have told clients to accept the lower award offered  by the DWP. As someone explained on rightsnet, BY very carefully not saying they'd abandon their appeal, they took the offer,   and then asked for a MR for a higher award.  It's under pip negotiating/bargaining to avoid tribunal   on the rightsnet forum.

[lankou]

DWP offers? What is that? Cheap coffins?

[Monic1511]

If there is enough evidence in the papers to make an award and the dwp contact you and offer slightly lower than you expect then its your choice.  You are likely to get more at appeal and its up to you.   Another reason DWP don't want you to go to tribunal is because tribunals establish case law,  if it becomes accepted by tribunal judges that a certain interpretation should apply and the dwp consistently refuse to apply that interpretation then its only at appeal that it becomes law.

What should happen is that the appeal continues and the dwp presenting officer tells the panel that the dwp are prepared to change the decision to standard and standard, the panel will then ask the appellant if they think that is correct and the appellant can say, I agree that I merit those points but believe I also meet these additional points.   If the panel agree then you get a higher award than the dwp were offering.   That happened to one of my clients and we came out with standard mob and enhance daily living.  Another presenting officer suggested standard and standard and the judge was annoyed as he awarded enhanced on both with the dwp being told "The department has made a mess of this case haven't they"

DWP are hoping you accept a reduced award to get their stats down as the 70% overturned in appellants favour is a bit high.

[Fiz]

Yes Monic, I'm sure part of the increased offer is to reduce the chances of the DWP's decision being overturned and that adding to statistics. This person was originally awarded standard care and standard mobility, they asked for an MR and the decision was unchanged at MR and it's only now that the DWP has just phoned offering enhanced mobility but leaving the care at standard rate.

They're unsure whether to accept this offer or continue on to tribunal to try to explain why they meet criteria for enhanced care and enhanced mobility. Ally explained it's not possible to accept the increased mobility offer but continue on to tribunal for the care element to also be increased from standard to enhanced which is what the person was thinking of doing.

So it seems they have two options, one being accept the offer of enhanced mobility and standard care and walk away or two, reject the offer and continue to tribunal with the DWP's offer following the MR of standard care for both mobility and care in the hope that a tribunal panel would increase both elements to enhanced. .