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Phone call from DWP just before a Tribunal

G33B33G33B33 Posts: 7Member Listener
Hello just after some advice.
I applied for pip last year and got awarded some points for both mobility and daily living but not enough to qualify for any help.

I broke down at the reception before even seeing the assessor and was walking out but my mum and receptionist put me in a room to calm down.
I asked for a Home visit and was point blank refused.

I suffer from chronic agoraphobia and I'm pretty much house bound, I also have anxiety and depression.

My mum is representing me as I couldn't cope with dealing with being in front of the tribunal.

I've got evidence from since I was 17 which is a few years worth and a recent letter from my mental health nurse who confirms everything I've mentioned (chronic agoraphobia etc...)

Today my mum recieved a phone call saying that if I excepted lower rate daily living they can cancel the tribunal and get back dated.

I did a little searching and even though rare, this is known to happen with DWP.

No with how I am, this has caused me serious distress.
It's like having a carrot dangled in my face and gambling my chances.
As a family we are struggling as my wife works 30 hours and that's pretty much the only income coming in.
So I've not had a penny since last year.

So I'm wondering if anybody has been in this situation and how did they do at the tribunal?
Thanks for reading.

Replies

  • YadnadYadnad Posts: 2,286Member Brian Blessed
    Yes, you can accept the offer and promise everything and anything that the DWP want from you for you to accept the offer.

    Once the decision notice has been received and money starts flowing, give it a week or so and forget your promise. Tell the Tribunal Service that you want to appeal against that decision (no need for a MR - you have already done that). 

    The DWP will not be happy - tough - get ready for the hearing. If at the hearing you are told that if you carry on with the appeal you could lose what you are getting - then just pull out. If not go for the hearing - your award will be at least what you have + it could well be a lot more.

    Win win!!
      
  • missmmissm Posts: 38Member Whisperer
    had you had a date for your tribunal before they rang you ? 
  • Pippa_ScopePippa_Scope Posts: 4,908Administrator Scope community team
    Welcome to the community, @G33B33!

    Thanks for sharing this with us, and I'm so sorry to hear how tough this has been from you. Glad to see you've had some guidance from other member. Please do keep us updated with what you decide to do, and we'll advise where we can.
  • G33B33G33B33 Posts: 7Member Listener
    edited October 24
    So My tribunal came and I made the mistake of not going as I thought my mum could fully represent me.
    I could not have gone as it would have made me seriously bad.
    It was adjourned straight away and the letter stated that they wanted more up to date records from my doctor, earlier evidence from previous benefits (esa and dla).

    Now a week later I've recieved a letter from DWP dated the day after the tribunal saying we now have all the information we need to make a decision and no need to contact them.

    Forgot to add that the letter from the courts also mentioned doing the tribunal via phone at a later date if needed.
  • G33B33G33B33 Posts: 7Member Listener
    missm said:
    had you had a date for your tribunal before they rang you ? 
    Yes I got that around 1 week before the phone call and the tribunal was pretty much one week to go.
    Which I didn't attend.
    I've updated the story.
  • G33B33G33B33 Posts: 7Member Listener
    Yadnad said:
    Yes, you can accept the offer and promise everything and anything that the DWP want from you for you to accept the offer.

    Once the decision notice has been received and money starts flowing, give it a week or so and forget your promise. Tell the Tribunal Service that you want to appeal against that decision (no need for a MR - you have already done that). 

    The DWP will not be happy - tough - get ready for the hearing. If at the hearing you are told that if you carry on with the appeal you could lose what you are getting - then just pull out. If not go for the hearing - your award will be at least what you have + it could well be a lot more.

    Win win!!
      
    I bottled it and just turned down the offer, as they said it was a one off offer and it was pretty much take it or leave it that day.

  • YadnadYadnad Posts: 2,286Member Brian Blessed
    G33B33 said:
    It was adjourned straight away and the letter stated that they wanted more up to date records from my doctor, earlier evidence from previous benefits (esa and dla).


    This is bizarre. On the one hand the DWP insist that evidence more than 2 years old is not needed, that other evidence and the assessments for ESA & DLA are not appropriate for a PIP claim as they test different things and here we are with a Tribunal asking for this information in order to make a PIP decision.

    To be honest the more I read about PIP the more I am convinced that not even the DWP understand the regulations relating to PIP.

  • G33B33G33B33 Posts: 7Member Listener
    Yadnad said:
    G33B33 said:
    It was adjourned straight away and the letter stated that they wanted more up to date records from my doctor, earlier evidence from previous benefits (esa and dla).


    This is bizarre. On the one hand the DWP insist that evidence more than 2 years old is not needed, that other evidence and the assessments for ESA & DLA are not appropriate for a PIP claim as they test different things and here we are with a Tribunal asking for this information in order to make a PIP decision.

    To be honest the more I read about PIP the more I am convinced that not even the DWP understand the regulations relating to PIP.

    I honestly don't know what to think now.
    It's all up in the air.

    The only questions my mum got asked in the short time in being there was what benefits I've had previously, why I didn't attend and if I was still sending in sick notes for my stamp.
    Never got advised to send sick notes.
  • YadnadYadnad Posts: 2,286Member Brian Blessed
    G33B33 said:

    I honestly don't know what to think now.
    It's all up in the air.

    The only questions my mum got asked in the short time in being there was what benefits I've had previously, why I didn't attend and if I was still sending in sick notes for my stamp.
    Never got advised to send sick notes.
    From the what that letter says, the DWP appear to be ready to make a formal decision offer for a PIP award. I would wait a while until you hear from the DWP. 
  • G33B33G33B33 Posts: 7Member Listener
    Yadnad said:
    G33B33 said:

    I honestly don't know what to think now.
    It's all up in the air.

    The only questions my mum got asked in the short time in being there was what benefits I've had previously, why I didn't attend and if I was still sending in sick notes for my stamp.
    Never got advised to send sick notes.
    From the what that letter says, the DWP appear to be ready to make a formal decision offer for a PIP award. I would wait a while until you hear from the DWP. 
    Thanks for the advice.
    It really helps me :-)

    I'm trying my best to put it To The back of my mind but I keep getting these spanners in the works.
  • poppy123456poppy123456 Posts: 4,880Member, Community champion Brian Blessed
    Yadnad said:
    G33B33 said:
    It was adjourned straight away and the letter stated that they wanted more up to date records from my doctor, earlier evidence from previous benefits (esa and dla).


    This is bizarre. On the one hand the DWP insist that evidence more than 2 years old is not needed, that other evidence and the assessments for ESA & DLA are not appropriate for a PIP claim as they test different things and here we are with a Tribunal asking for this information in order to make a PIP decision.

    To be honest the more I read about PIP the more I am convinced that not even the DWP understand the regulations relating to PIP.

    When transferring from DLA you can ask for your DLA file to be used for evidence. Evidence that's more than 2 years old can be used and even more so if it's still relevant to your condition and is backed up with more recent evidence. I've always used evidence that's more than 2 years old.
  • G33B33G33B33 Posts: 7Member Listener
    Sorry more to add.
    My mum said dwp wasn't at the tribunal but was told that it's not uncommon.

    I'll update if anymore updates.
  • YadnadYadnad Posts: 2,286Member Brian Blessed



    When transferring from DLA you can ask for your DLA file to be used for evidence. Evidence that's more than 2 years old can be used and even more so if it's still relevant to your condition and is backed up with more recent evidence. I've always used evidence that's more than 2 years old.
    You can only ask if you are aware that you can ask.
    Been through this before. When making the initial telephone call they omitted to point out that I could have the DLA file used. This was quite common and affected many people. So if you didn't know how would you know that you could?

    My last decision notice said that they could not use a report from 2011 as it was not relevant to the current review (late 2017).

    There was no other evidence unless I asked around if the medics would be so kind as to re-type it but change the date
  • KarmaMarKarmaMar Posts: 26Member Talkative
    edited October 25

    What I find strange about this entire DWP thing is that it would be against my Human Rights to force medication or treatments on me (exceptional cases aside). Also when you look at the government webpage on the various benefits (I am thinking of the PIP pages right now) there is not ONE word stating that you must be in receipt of medication or have a doctor to qualify for these benefits. To do so I believe would be in direct violation of your Human Rights. Most certainly it makes the job of assessors easier when you have extensive medical notes but there are NO statements saying you MUST.

    I have no recent medical history yet I can prove that my eye sight is failing because of very long term high blood sugars. I have no support workers or family to state that I do not mix with people at all or indeed any of the many daily troubles I face, yet I can and have proved them, even bizarrely from the DWP's many letters to myself and acceptance of previous benefit claims/many reviews.

    It strikes me that even when presented with overwhelming medical evidence the DWP refuses that claim, which then makes it a political decision to deliberately limit the amount of claimants and pander to the ranting Daily Mail readers.

    I had to go through old paperwork from the DWP and was amazed to see every few years they had refused me the benefits I applied for or when they were reviewed. Each time I had to get legal help to get those benefits and each time I won, now there is no legal help to fight back thanks to other government policies, not accidental.


  • YadnadYadnad Posts: 2,286Member Brian Blessed
    KarmaMar said:

    It strikes me that even when presented with overwhelming medical evidence the DWP refuses that claim, which then makes it a political decision to deliberately limit the amount of claimants and pander to the ranting Daily Mail readers.

    I had to go through old paperwork from the DWP and was amazed to see every few years they had refused me the benefits I applied for or when they were reviewed. Each time I had to get legal help to get those benefits and each time I won, now there is no legal help to fight back thanks to other government policies, not accidental.

    Even more to the point that I had a fantastic GP report dated 2011 which summarised from the various assessments carried out by OT's, CPN's & physios that the various descriptors of PIP fit me like a glove. I even had a report of similar date from the spinal clinic following tests on their walking machine of the distance I could walk before falling off. Also I had a 5 page report from 2012 that covered everything relating to brain function following two harrowing days of tests at the memory clinic.

    Following the 2013 assessment (which gave me 0 points) I told the DWP to re-read these reports at MR stage. They came back with enhanced Care & Mobility
    .
    Likewise in 2105 I had another assessment (which gave me 0 points). Once again I told the DWP to re-read those reports (now 3 and 4 year old) at MR stage. They came back once again with enhanced Care & Mobility.

    Likewise again in 2017 I had another assessment (which gave me 0 points). once again I told the DWP to re-read those reports (now 5 and 6 years old) at MR stage.
    They came back citing that 0 points is the correct score justifying it that the reports I suggested that they read were more than 2 years old and as such no longer relevant.

    Political or otherwise, they were certainly intent on trying to get me off PIP one way or another. They succeeded but on my terms - I told them were to stick their PIP.

    It was intentional to remove legal aid for those wanting to claim welfare benefits.
    Many times I heard comments along the same line - why should benefit scroungers get free legal advice so that they could get even more money, advice that 'I' pay for through the taxes I pay.



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