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PIP Tribunal
- Anita
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1 year 4 weeks ago #284587 by Anita
PIP Tribunal was created by Anita
Hello,
I have a tribunal date for next week.
My original date was adjourned. I called DWP to say that I would accept their offer and still go to tribunal, all be it later. The case manager said I could do this but as I'm so close now wouldn't it be better to wait? He also said that I can only accept the offer up to the time when another date is booked for tribunal.
I realise that it's only another few days until tribunal, is the Case Manager correct in saying I can no longer accept DWPs offer and continue to tribunal at a much later date?
Thank you
Anita
I have a tribunal date for next week.
My original date was adjourned. I called DWP to say that I would accept their offer and still go to tribunal, all be it later. The case manager said I could do this but as I'm so close now wouldn't it be better to wait? He also said that I can only accept the offer up to the time when another date is booked for tribunal.
I realise that it's only another few days until tribunal, is the Case Manager correct in saying I can no longer accept DWPs offer and continue to tribunal at a much later date?
Thank you
Anita
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- Gary
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1 year 4 weeks ago #284628 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Tribunal
Hi Anita
My understanding if the DWP make an offer, providing you have not turned it down then you can accept the offer, this will trigger your Appeal to stop.
You will then receive a letter from HMCTS that the DWP have revised your claim to a more faverable offer, but you have the right to make a new appeal if you are dissatisfied with the offer, or words to that effect.
Gary
My understanding if the DWP make an offer, providing you have not turned it down then you can accept the offer, this will trigger your Appeal to stop.
You will then receive a letter from HMCTS that the DWP have revised your claim to a more faverable offer, but you have the right to make a new appeal if you are dissatisfied with the offer, or words to that effect.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anita
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1 year 4 weeks ago #284632 by Anita
Replied by Anita on topic PIP Tribunal
Hi,
Thank you for your response. I have rejected there offer, that's why I'm going to Tribunal next week. I phoned DWP to accept the offer and told the DM that I would accept and still go to Tribunal to get the award I believe fits my needs. The DM told me that although he shouldn't sway me, if in my shoes he would go to tribunal. He suggested I go away and think about it. If a tribunal date came up in the mean time, in effect, I cannot change my mind and accept the offer.
I'm sorry, it takes me a while to process information. What I'm hearing from you that although I have a date now, I can still accept the offer which would put payment in place. At the same time I can appeal the accepted offer. I know this will put me to the back of the queue for a new tribunal date.
Thank you
Kind regards Anita
Thank you for your response. I have rejected there offer, that's why I'm going to Tribunal next week. I phoned DWP to accept the offer and told the DM that I would accept and still go to Tribunal to get the award I believe fits my needs. The DM told me that although he shouldn't sway me, if in my shoes he would go to tribunal. He suggested I go away and think about it. If a tribunal date came up in the mean time, in effect, I cannot change my mind and accept the offer.
I'm sorry, it takes me a while to process information. What I'm hearing from you that although I have a date now, I can still accept the offer which would put payment in place. At the same time I can appeal the accepted offer. I know this will put me to the back of the queue for a new tribunal date.
Thank you
Kind regards Anita
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- Gordon
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1 year 3 weeks ago #284680 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal
A
You have three options available to you.
1. Accept the DWP offer and take no further action.
2. Reject the DWP offer and continue to appeal, the DWP offer will be noted by the Tribunal panel but is not binding on them to accept the same points.
3. Accept the DWP offer and then lodge a new appeal for a higher award. Your existing appeal will lapse (be cancelled) so as you say you will go back to the end of the queue.
The DWP offer should be accepted by the panel and they should concentrate on just the new/higher points that you are seeking but understand, legally they are not required to, they are re-making the original Decision with fresh eyes and can reach any Decision the DWP DM could have.
Lastly, understand the award is Standard/Enhanced, Daily Living/Mobility, it is not the points, these just lead to the award, so don't spend your time arguing issues that you can't score for or ones that you are unlikely to receive, concentrate on ones that will score you the points for the award you want.
Gordon
You have three options available to you.
1. Accept the DWP offer and take no further action.
2. Reject the DWP offer and continue to appeal, the DWP offer will be noted by the Tribunal panel but is not binding on them to accept the same points.
3. Accept the DWP offer and then lodge a new appeal for a higher award. Your existing appeal will lapse (be cancelled) so as you say you will go back to the end of the queue.
The DWP offer should be accepted by the panel and they should concentrate on just the new/higher points that you are seeking but understand, legally they are not required to, they are re-making the original Decision with fresh eyes and can reach any Decision the DWP DM could have.
Lastly, understand the award is Standard/Enhanced, Daily Living/Mobility, it is not the points, these just lead to the award, so don't spend your time arguing issues that you can't score for or ones that you are unlikely to receive, concentrate on ones that will score you the points for the award you want.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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