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Offer accepted by client prior to tribunal- Now want to challenge this
Hi. I had a client who on review had their PIP award stopped. The MR did not change the decision so we went to tribunal. Prior to the tribunal the DWP offered the client the Daily Living at the Standard Rate which she accepted ( We had asked for Daily Living and Mobility at Higher Rate)
She now wishes to challenge the decision further and ask for at least the Standard Rate for Mobility.
My understanding ( based on the letter from the tribunal) is that she can submit another appeal directly and does not have to go through the MR process again?
Is this correct?
Thanks
Yes thats right - you’re appealing the original decision - the offer was in effect another reconsideration
Thanks, she is having doubts now I I advised her there is always a remote chance that the tribunal may decided she is not eligible for any aspect of PIP.
There is Martin’s article in CPAG about it: https://askcpag.org.uk/content/207372/latest-offers-pip-appeals
My understanding is that any challenge would be against the revised decision, not the original one.
The article states: “The claimant can accept the offer and, once the appeal lapses, file a new appeal against the decision as revised.”
Happy to be corrected.
To be precise, it’s the original decision as revised.
Thanks, she is having doubts now I advised her there is always a remote chance that the tribunal may decided she is not eligible for any aspect of PIP.
These things involve a risk assessment. If your assessment is for enhanced rate of both components then you will of course presumably be able to justify that with more than just the assertion? If you can justify it via a detailed assessment of which points and why then that needs to be explained to your client. Given that your client previously qualified for PIP you’ll also be able to relate it to the amount and period of any previous award i.e. whether she’s the same or the consequences of her health have got worse. A few pointers with regard to actual levels of risk rather than imagined levels of risk.
- if any of their prior award included DL points for aids/appliances and those items are still in use for the same reasons then the risk of removal is so negligible as to be nil.
- a tribunal must issue a warning before removing an award. At this point then the decision to withdraw can be deferred until she’s at the hearing stage and a tribunal have previewed the papers and decided to issue a warning.
- warnings are often simply wrong and based on incomplete pictures. A written submission can further reduce the risk of a warning or actual removal.
- if you were the rep. at the point the offer was made then DWP have breached their own guidance by not contacting you first.
- a tribunal minded to remove points given as part of an offer must offer a detailed explanation as to why just as they must when removing any points awarded prior to appeal.