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Increase in DWP revising PIP decisions before appeal? - 2 in 1 day!
Just wondering if anyone else has noticed an increase in DWP revising decisions before appeals, as I was pretty surprised to get calls from not one but two of my clients yesterday, telling me they have been phoned by DWP and advised their awards have been revised.
In both cases the award was revised from 0 points, to standard DL=Mob, and standard DL + high Mob for the other.
Both of the cases were pretty ‘clear-cut’ for a hearing, in my non-medical opinion. One had a DS1500 that had been ignored by DWP (although they had acknowledged receiving it), and the other would likely have scored in the high 20s (he accepted the DWP offer, due to mental health/stress of appeals).
The DS1500 was a new claim, and the other had been requested by DWP to move from DLA (standard DL+Mob).
Decisions unchanged at MR. Appeals were submitted within a few weeks of each other. No further evidence for the appeals.
There is something called “decision maker empowerment” which has been introduced which seems basically to amount to decision makers (or at least appeals officers) being actually allowed to change the decisions even where it goes against HCP advice.
Remember that if your clients agree to these revisions, they are still able to lodge a further appeal against the revised decision (which certainly I think should be done by your DS1500 client).
Spoken to DWP, turns out award was not made on basis of DS1500. Apparently DWP phoned the client’s GP who confirmed the condition is not expected to be terminal in the foreseeable future, but was kind enough to convince DWP the impacts of the condition are relatively severe nonetheless.
Still appears to be a fair bit of confusion among GPs on how/what basis to fill DS1500s.
Seems like ‘empowered’ DMs may be fulfilling some of the duties DWP should have adhered to in the past. A promising development if it is rolled out further, and not just to appeal cases, although I expect it will go back to the usual shtick of more experienced DMs making more reliable decisions (and it would be natural that it’s these, rare and elusive, DMs that have been given the empowerment).
It is statistically true, latest pip stats say lapsed appeals gone up from 4% in 2015/16 to 17% between oct 18 and march 19.
Might be linked to this -
DWP proactively seeking further evidence at mandatory reconsideration stage in all PIP and WCA cases
The only pre-hearing revisions I’m seeing are where we’ve sought and submitted reliable medical evidence alongisde the notice to appeal.
When you get the appeal paperwork through you still see the usual rubbish at MR stage: “Tel. call 00:00:06 No Answer I tried to call GP but they were not available” (!)
Just wondering if anyone else has noticed an increase in DWP revising decisions before appeals, as I was pretty surprised to get calls from not one but two of my clients yesterday, telling me they have been phoned by DWP and advised their awards have been revised.
In both cases the award was revised from 0 points, to standard DL=Mob, and standard DL + high Mob for the other.Both of the cases were pretty ‘clear-cut’ for a hearing, in my non-medical opinion. One had a DS1500 that had been ignored by DWP (although they had acknowledged receiving it), and the other would likely have scored in the high 20s (he accepted the DWP offer, due to mental health/stress of appeals).
The DS1500 was a new claim, and the other had been requested by DWP to move from DLA (standard DL+Mob).Decisions unchanged at MR. Appeals were submitted within a few weeks of each other. No further evidence for the appeals.
A DS1500 application should merit enhanced DL by law, and quite possibly enhanced Mobility depending on the claimant/3rd party applicant’s answers to those questions…! Worth checking that revision notice?
It is statistically true, latest pip stats say lapsed appeals gone up from 4% in 2015/16 to 17% between oct 18 and march 19.
Isn’t that more to do with the appeals writers making offers and lapsing appeals? They certainly haven’t obtained any more evidence than I’ve provided with the recon/appeal.
It is statistically true, latest pip stats say lapsed appeals gone up from 4% in 2015/16 to 17% between oct 18 and march 19.
Isn’t that more to do with the appeals writers making offers and lapsing appeals? They certainly haven’t obtained any more evidence than I’ve provided with the recon/appeal.
Totally agree Dan
All my lapsed ones happen due to the evidence I submit not anything they obtain
It seems to me that if DM “empowerment” - whatever that might be - leads to an increase from 4% to 17% of appeals lapsing, that is probably A Good Thing.
The point is that DMs are now - it seems - less inclined to blithely rubber stamp the assessment report and claimants are benefiting as a result. Whether that is the result of DMs being “empowered” to reach their own view on available evidence rather than simply submitting it to HCPs for an opinion or whether that comes about from being “empowered” to actively seek out new evidence - or perhaps a bit of both - it seems to be a step in the right direction.
It seems to me that if DM “empowerment” - whatever that might be - leads to an increase from 4% to 17% of appeals lapsing, that is probably A Good Thing.
I wonder how many of those lapse only to be recycled for the component the DM didn’t offer. It’s a common scenario for me that a DM will make us an offer which we accept -bird in the hand and all that- then appeal the revised decision for a higher award.
I haven’t lost one yet…