PIP reversal when Tribunal applied for

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MEdawn

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PIP reversal when Tribunal applied for

  • on: 30 Oct 2019 10:57PM
When I was changed from DLA to PIP three years ago, I had to go to a tribunal to get the level of benefits I'd been getting on DLA.
Fast forward to the renewal this year and according to the "medical" I was seen to manouvre my wheelchair (no it was pushed by your colleague and before that the taxi driver), I had a good peak flow (not measured) and the usual whole host of half truths. Even after asking for a reconsideration and stating why, I still didn't get enough points.
So, in went the request for a tribunal and a couple of weeks later I get a phone call out of the blue from Mark at the DWP who was lovely. He explained he had the power to over turn the decision and wanted to review my case before it was passed to the tribunal. He was interested to know how I'd got so much better in the last 3 years. I then said so was I! He was lovely, approachable and understanding. He pulled up google maps and found my house and then asked if I could walk as far as the hedge across the road - yes on a better day, no on the rest! and then talked about how I manage to get dressed and undressed and hey presto my poitns went up and suddenly I get care and mobility again.
He apologised without actually mentioning the word "apology" (I suspect it's a banned word) for the fact I'll have to be reviewed in 3 years time and that I'd had so much hassle this time.

All I can think is that they're trying to reduce the 70% success rate of tribunals and are doing a pilot study comparing what you've been awarded this time with what you got last time and then asking you about the differences. He didn't sound surprised that the medical report was very different from my version of things either...

Monic1511

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The DWP have been getting pelters from HM tribunals for the stupid cases that have to go to tribunal and presenting officers are contacting cases that are at the waiting for a tribunal date stage and phoning them to make an offer..  if youíre happy with the new award thatís fine but wait till you get the paperwork before putting the case away.

When you come to do the next renewal I'd include a note saying which points you were awarded at appeal stage and why this PO changed the decision.

DWP were forced to employ lots of extra presenting officers (PO) who attend tribunals to defend the departments decision.  There is normally a PO at any PIP appeal now so in order to try and stop the department being ridiculed by the tribunal service judges they will contact the appellant before the appeal.  The welfare rights workers sometimes get a letter saying the appeal has lapsed, occasionally the PO only makes the decision the day before the appeal and you only discover this when you attend the appeal and the decision has been changed.

Even so the % of won appeals has risen again to 73% and the number of appeals has practically doubled. 
the number of social security appeals has increased rapidly in 2019 following increases from 157,000 in 2016 to 228,000 in 2017 and 238,000 in 2018.
The 73 per cent success rate in personal independence payment (PIP) appeals raises a serious question about the quality of DWP primary decision making, Senior President of Tribunals Sir Ernest Ryder has said.
« Last Edit: 31 Oct 2019 08:43PM by Monic1511 »

auntieCtheM

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Well done you.  This is how I got my award too.  I got 0 points to start with, nothing at MR so I appealed.  Then a phone call to make me an offer.  I took it due to the stress of it all.

MEdawn

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auntieCtheM

I know that what they've given me is right for my level of disability so was very happy to agree.

Monic1511 - I didn't tell anyone until I'd got the paperwork confirming it just in case!  >biggrin< Thanks for the idea of mentioning it on the next lot of forms. He agreed that wearing trousers so that you can pull your foot up to put on socks and then scrubbing foot on floor to take sock off equals using an aid for putting on socks.

Bless him, he's also made the award for an extra bit of time - it expired in August 19 and he's given me till August 23 before it's due to be renewed again!