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formal notification r e PIP
Does anyone know if PIP will issue a formal notification following phone call offering a certain rate of benefit?
client has had mandatory reconsideration carried out offer followed this
Thanks in advance
What do you mean by “offer”? Benefits are not offered, they are awarded or they are not. If a decision has been made, ir must be notified in writing.
It sounds like the decision has been revised on reconsideration. A letter must be sent to confirm the new rate of the benefit.
[What do you mean by “offer”? Benefits are not offered, they are awarded or they are not.]
That’s what I always thought, but pre-MR we had a client who had submitted an appeal against a nil award of DLA. DWP then telephoned her and “offered” her LRMC only, saying that if she didn’t accept the offer then she would have to go through an appeal hearing. She chose to pursue the appeal and was awarded LRCC by the tribunal.
There are also some Judges who start tribunal proceedings by “offering” the appellant a low award on the basis of the papers, and tell them that if they don’t accept the offer there will be a full appeal hearing. I consider this behaviour of doubtful legality, but sometimes appellants are so wound up about having to give evidence that they’ll “accept” anything rather than proceed to a full hearing.
This is disturbing. Does the mandatory reconsideration notice include an explanation that such an offer was made?
Client has yet to have any notification in writing, when she spoke to PIP advising she wanted to challenge the offer which was made verbally ( she has submittted an appeal form after a mandatory reconsideration ) she was told her claim would then proceed to an appeal.
I will let you know of more developments as and when they occur.
Thanks for your posts