DWP Offer after Mandatory Reconsideration - not happy apparently you can keep the new award and lodge at tribunal via SSCS1

[speedfreek]

Interesting very interesting!

 

Shamelessly stolen off rightsnet thanks to user Stainsby

 

Quote

There is no need for a second mandatory reconsideration because the” offer”  is a revision of the original decision

I have advised a few clients to accept the offer and then do an SSCS1 That way the client gets an immediate increase in the award while waiting for the appeal hearing

I think the DWP should not be making these offers and would probably stop if there are enough supposedly accepted offers which are subsequently appealed

 

more info here 

https://www.rightsnet.org.uk/forums/viewthread/15646/

 

any MR offer you accept ends the MR phase so you can then take that offer and lodge an appeal to the FTT off the back of it! 

[unclebulgaria67]

 

Rightsnet is a really useful source of information in regard to benefit. I

 

Although the theory sounds correct to accept MR offer, so the benefit is paid and to then appeal to Courts Tribunal, i Just wonder whether the Court might just see the acceptance of the MR decision, as a conclusion to the challenge of the original decision. DWP made the offer on MR and it was accepted.

 

The author of the Rightsnet post says that they don't think DWP should be making the offers and that they would probably stop if enough claimants continued to appeal.  Might the reason DWP be making the offers, is to avoid claimants having to wait many months for a Court Tribunal outcome and avoid the Tribunal system being even more clogged up with cases than it is already.  

 

 

 

[speedfreek]

Hi UB

 

I might have been a little shy of the mark here as......... this applies after the Mandy (Mandatory Reconsideration) once you have submitted the SSCS1 to formally appeal to the Tribunal Service

 

So the scenario where by after the formal appeal is lodged the DWP call you out of the blue and offer you a low ball benefit offer i.e. lower than what you're asking for in your appeal submission; so ask for PIP SR Care and SR Mobility and get offered one but not the other and so on... etc.... This is a little different than them conceding (or being told to) where by you receive a letter from the DWP awarding what you asked for on the SSCS1.

 

Finding out a bit more at the min so will update more if I find out anything worth mentioning

 

I was concerned about the timing of these offers. Apparently they mainly occur a couple of weeks after lodging.

 

If so you should accept - then lodge a new SSCS1 if needed - no need for a new Mandy phase!

 

If you get an offer at a way later stage (not a concession like mine) then it's more of a thinking decision; as is the new reset appeal waiting time (accepting lapses your original appeal)  of 6-9-12 months+ worth more than what you might lose in grants/mobility cars etc than just going ahead with the current and winning it? 

 

Hey ho 

 

Similar benefit system  

 

Unfortunately one of you nice mods might have to update the Appealing a decision threads to reflect the new more complicated reality of what to do with an offer at Mandy and Apres Mandy stages 

[unclebulgaria67]

I guess DWP would inform the Tribunal of their offer and  this would be take into account.