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questions regarding PIP claim
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7 years 5 months ago #173735 by PDR
questions regarding PIP claim was created by PDR
is it possible to request another PIP questionnaire form? I missed/forgot to put some info,and want to change some wording,etc
(I haven't sent the form back yet).
Also if my Pip claim is refused,is there a time gap that needs to pass before I can claim again? is it like ESA so that 6 months must pass before a new claim?
can I claim for same problems or only if a new condition is diagnosed?
And lastly if I don't appeal,does it make any difference regarding the timeline of a fresh claim?
I ask because an advisor who was helping me with my forms told me,if my claim was turned down,it's best if I don't appeal and instead claim again in 1 month.
But I know for ESA it needs to be 6 months.and I don't inderstand his readoning regarding fresh claim vs appeal.
(I haven't sent the form back yet).
Also if my Pip claim is refused,is there a time gap that needs to pass before I can claim again? is it like ESA so that 6 months must pass before a new claim?
can I claim for same problems or only if a new condition is diagnosed?
And lastly if I don't appeal,does it make any difference regarding the timeline of a fresh claim?
I ask because an advisor who was helping me with my forms told me,if my claim was turned down,it's best if I don't appeal and instead claim again in 1 month.
But I know for ESA it needs to be 6 months.and I don't inderstand his readoning regarding fresh claim vs appeal.
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7 years 5 months ago #173738 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic questions regarding PIP claim
PDR
The DWP are pretty reticent to send out a replacement form, they usually only do so when the claimant has not received the original, it might be easier to simply cross out the incorrect information and supply the corrected text on an additional sheet, if you do then make sure you include your full name and National Insurance Number on the page.
You can make a new claim for PIP immediately, as an aside the six month rule for ESA (now removed) did not prevent a new claim, just payment.
If you appeal and make a new claim, then the appeal will not have any impact on the new claim, but as the new claim will result in a new Decision that post dates the one being appealed then it will supersede any Tribunal Decision from the date that the new Decision is made.
Gordon
The DWP are pretty reticent to send out a replacement form, they usually only do so when the claimant has not received the original, it might be easier to simply cross out the incorrect information and supply the corrected text on an additional sheet, if you do then make sure you include your full name and National Insurance Number on the page.
You can make a new claim for PIP immediately, as an aside the six month rule for ESA (now removed) did not prevent a new claim, just payment.
If you appeal and make a new claim, then the appeal will not have any impact on the new claim, but as the new claim will result in a new Decision that post dates the one being appealed then it will supersede any Tribunal Decision from the date that the new Decision is made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #173755 by PDR
so the 6 Month rule for ESA is removed now? can you explain it? so people can now make a new claim in the initial claim is refused straight away?
also, I didn't mean making a fresh PIP claim AND appeal, the advisor I spoke to talk me if I'm refused PIP,it's better if I don't appeal at all and leave it, and instead make a new pip claim 1 month after.
is there any reason why this approach can be better?
and can I make a new PIP claim for exact same conditions as the first one? (in case the first one is refused and I decide not to appeal the decision?)
Replied by PDR on topic questions regarding PIP claim
is use of Tipp-Ex or other correction products allowed?Gordon wrote: PDR
The DWP are pretty reticent to send out a replacement form, they usually only do so when the claimant has not received the original, it might be easier to simply cross out the incorrect information and supply the corrected text on an additional sheet, if you do then make sure you include your full name and National Insurance Number on the page.
Gordon wrote: You can make a new claim for PIP immediately, as an aside the six month rule for ESA (now removed) did not prevent a new claim, just payment.
If you appeal and make a new claim, then the appeal will not have any impact on the new claim, but as the new claim will result in a new Decision that post dates the one being appealed then it will supersede any Tribunal Decision from the date that the new Decision is made.
Gordon
so the 6 Month rule for ESA is removed now? can you explain it? so people can now make a new claim in the initial claim is refused straight away?
also, I didn't mean making a fresh PIP claim AND appeal, the advisor I spoke to talk me if I'm refused PIP,it's better if I don't appeal at all and leave it, and instead make a new pip claim 1 month after.
is there any reason why this approach can be better?
and can I make a new PIP claim for exact same conditions as the first one? (in case the first one is refused and I decide not to appeal the decision?)
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7 years 5 months ago #173770 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic questions regarding PIP claim
PDR
Dealing with the PIP first, there is no waiting period and you can make new claim on the same conditions.
If your original claim was weak, perhaps you did not understand the criteria or you weren't able to source evidence that you mow have then making a new claim rather than appealing might make sense, but it's really is a decision that only you can make on the day.
As to the ESA, following a Fit for Work Decision you can now only make a new claim for ESA if you have a new condition or your can show that your existing conditions have deteriorated such that you would now meet the criteria for an award. A Decision Maker can refuse the claim if they don't believe an award would be made, or they can refuse payment until a WCA is carried out, if an award is made then back payments will be made.
Gordon
Dealing with the PIP first, there is no waiting period and you can make new claim on the same conditions.
If your original claim was weak, perhaps you did not understand the criteria or you weren't able to source evidence that you mow have then making a new claim rather than appealing might make sense, but it's really is a decision that only you can make on the day.
As to the ESA, following a Fit for Work Decision you can now only make a new claim for ESA if you have a new condition or your can show that your existing conditions have deteriorated such that you would now meet the criteria for an award. A Decision Maker can refuse the claim if they don't believe an award would be made, or they can refuse payment until a WCA is carried out, if an award is made then back payments will be made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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