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Thread: Pip / dwp offer after tribunal

  1. #1
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    Pip / dwp offer after tribunal

    i have seen a lot of stories of people being offered a deal before a tribunal but has anyone got info on being offered a deal after winning a tribunal.

    (as in don't take our offer and we will get the decision changed)
    Last edited by davy; 15-09-20 at 17:11.

  2. #2
    Senior Member nukecad's Avatar
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    Not heard of that one.

    The DWP have to abide by what the tribunal has awarded, it's a legal decision.

    They can't simply "Get the decision changed". - But just as you do the DWP has the right to appeal to the Upper Tribunal if there has been an 'error of law' made by the FTT.

    I'd simply refuse the offer tell them to abide by the tribunals decision, if they don't comply (or appeal) within a reasonable time then complain to the court/tribunal who made the award.

    Is this a hypothetical question, or has it happened to you/someone you know?

    If this is actually happening then I'm sure HMCT will not be happy with the DWP trying to circumvent/ignore court rulings (again).
    Plus many rights organisations would be very interested in challenging it.
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    the call was heading in that direction before being cut off. I believe the reason a offer was not made before the tribunal was zero points also they might not of had all the paper work as the PIP assessor did not put on record medical photos also verbal and written evidence.

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    Senior Member nukecad's Avatar
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    So no offer was actually made then.

    As said what the tribunal award is the legal award.

    The DWP can appeal if that award is legally in error but can't change it otherwise.
    Only a higher court could change it.

    If they even try to bargain for something less that's trying to overrule/override the courts decision.
    As you can imagine the court system takes a very dim view of anyone trying to do that.

    The DWP Making offers before a tribunal is dodgy enough (but legal, all cases are open to bargaining until a judgement is made).
    Making offers after the judgement has been made would be a big no-no legally.
    Last edited by nukecad; 16-09-20 at 16:15.
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  5. #5
    A week before my last DLA claim went to tribunal they went from no award at all to " we have changed our decision" From nothing to high rate mobility low rate care, literally a week before the tribunal, I took the deal but looking back i am guessing they did it because they knew if it went to tribunal i was most likley going to get high rate care too.

  6. #6
    Senior Member nukecad's Avatar
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    Before the tribubnal ruling that is allowed, right up until you walk into the court.

    Many court cases, not just DWP tribunals, get 'settled out of court' before they get in front of a judge.

    The biggest issue with the DWP doing it is if/when they say on the phone that it's a one-time offer and don't give you time to think about it or get advice.

    There are three things you can do it if it happens to you:
    1. Accept their new decision/offer and leave it there.
    2. Reject their new decision/offer and carry on to tribunal -
      Pointing out to the tribunal that the DWP have already made an increased offer, (and so have tacitly admitted that their first decision was wrong).
    3. Accept their new decision/offer to get the extra award, and then appeal against the new decision.

    It is a new decision and so if you accept it but still think it should be higher you do have a right to appeal against it just like any other decision.
    Because you have accepted their new decision/offer your orignal appeal lapses - but that does not meant that you can't still appeal against the new decision.
    That's psychology, they hope that because you 'accepted an offer' you don't realise that you can still appeal against it.

    It is a new decision so if you accept it then you have to start again and work out if there is still something to appeal.
    If the DWP have covered all your previously disputed areas (and increased points sufficiently) then there may be nothing left to appeal.
    Of course lodging a new appeal will mean waiting for a new tribunal, but in the meantime you have the increased award, and the new tribunal is unlikely to award less than the DWP's revised decision. (But that's always a risk at any tribunal).
    Last edited by nukecad; 17-09-20 at 15:05.
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  7. #7
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    all sorted thanks ------------------------------
    Last edited by davy; 18-09-20 at 20:14.

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