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TOPIC: misled to make new claim when waiting for tribunal

misled to make new claim when waiting for tribunal 3 months 3 weeks ago #175050

Hello, advices please. I was originally on ESA higher and PIP standard and went for re-assessment last November for PIP. The HP had fabricated much of their report or got confused with another client. I was too late to challenge the mandatory so asked how to appeal and was given details for the tribunals service. In the same phonecall the DWP advisor told me to make an immediate new claim for PIP 'just in case the appeal fails and you'll at least have the chance to get it from then' or something similar but I hope you get my drift.
As a result the tribunal adjourned the hearing to await the results of the second claim due to the rule on 'closed awards'. From this I inferred that if successful at appeal, the award would only last until I made the second claim and this has transpired to be the case. I have now had to send a second appeal to the tribunals service but under the exact same circumstances.
It is now over a year later and I went to the tribunal today, the DWP weren't there and it was agreed to adjourn the hearing to combine the two appeals in one.

What will happen if the DWP don't send a Presenting Officer to the second appeal (now unable to be heard until after the New Year)? If the tribunal find in my favour do the DWP still have leave to dispute the decision? I'm nearly dead from all this, gone so long, and I think the DWP were completely cynical in making me make that second claim, hoping I'd just give up.
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misled to make new claim when waiting for tribunal 3 months 3 weeks ago #175064

  • Gordon
  • Forum Moderator

Most Tribunals do not have anybody from the DWP in attendance, so I would not worry about it.

Both parties can pursue a further appeal but only on the basis of an Error of Law not because they disagree with the Decision.

What is an Error of Law?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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