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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP SMS about changing decision under appeal

AndreaFB
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Foodbank Adviser, CA Hammersmith and Fulham

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Total Posts: 34

Joined: 4 November 2020

Happy New year everyone.
One of my clients who was refused on new claim for PIP just received this text: ” Since we received your PIP appeal, we have looked at all the evidence again.  We can change our decision but we need your agreement to do so. Please call on 08001214433”
Cl had 6 points for DL, no supporting medical evidence. Was given LCWRA just before PIP claim which must have been exceptional circumstances as none of the LCWRA descriptors would apply.
I would have thought that the only realistic successful outcome of PIP appeal would be standard DL , so I don’t understand why the client got this text.  Don’t they normally send this when they want to trade off the lowest possible outcome in exchange for client withdrawing their appeal?
If they do offer her standard DL I am sure she would happy to accept this, but if they ask her to withdraw her appeal in exchange, what guarantee would she have that they really change their decision?

Elliot Kent
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The legal position is that if the decision is revised in her favour then her appeal lapses and it is at an end. It is not and has never been a case of her “withdrawing” the appeal, but it would end by lapsing if she accepts the ‘offer’. There is no way around that - see s9(6) SSA 1998. She could still decide to lodge a new appeal against the revised decision.

Your client practically has two options:

(1) She could ‘agree’ to the decision being revised so that SRDL goes into payment. Her appeal would be over. If she is happy with that, then she would just leave it. If she feels she should get more than SRDL or wishes to contest the length of the award, she could lodge a new appeal against the revised decision.

(2) She could ‘refuse’ or ignore the proposal. The DWP should make clear that they are conceding whatever it is that they want to concede. The Tribunal would, most likely, follow that concession and go on to consider any outstanding arguments and make a decision on her existing appeal in the course of things.

On the broader issue, see this thread:
https://www.rightsnet.org.uk/forums/viewthread/17232

AndreaFB
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Foodbank Adviser, CA Hammersmith and Fulham

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Total Posts: 34

Joined: 4 November 2020

Thanks, Elliot I was not even aware of the best practice memo from the other thread.  We had no contact or offers for any appeals recently, just a few ordinary lapsed appeals where they changed decision in client’s favour without contacting them first.