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Advice needed
- LameDuck
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8 years 7 months ago #170069 by LameDuck
Advice needed was created by LameDuck
Having been awarded 0 points on PIP, the First Tier Tribunal upheld the nil award and I am now considering appealing to the Upper Tribunal on various points of law.
Meanwhile, I submitted a new claim to PIP and had an ATOS assessment last week, only to receive a text message on Tuesday that I have now been awarded PIP and will receive funds into my bank account within two weeks!
The second form I completed was an exact copy of the first claim form, but this time I had a decent HCP assessing my claim.
What do I do now? I haven't yet received my written confirmation from DWP, so I do not yet know the breakdown of my award. Should I still go ahead with my appeal to the Upper Tribunal, in the hope of getting backdating to December 2015, or will it put my new claim in jeopardy?
Meanwhile, I submitted a new claim to PIP and had an ATOS assessment last week, only to receive a text message on Tuesday that I have now been awarded PIP and will receive funds into my bank account within two weeks!
The second form I completed was an exact copy of the first claim form, but this time I had a decent HCP assessing my claim.
What do I do now? I haven't yet received my written confirmation from DWP, so I do not yet know the breakdown of my award. Should I still go ahead with my appeal to the Upper Tribunal, in the hope of getting backdating to December 2015, or will it put my new claim in jeopardy?
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- Gordon
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8 years 7 months ago #170084 by Gordon
The new claim has resulted in a new Decision. A further appeal, if successful, will result in the remaking of the previous Decision.
So you would receive the award decided by a Tribunal from the date of the Decision appealed to the date of you made your new claim and the new award from then onwards, so going to the UTT cannot effect this current award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice needed
LameDuck wrote: Having been awarded 0 points on PIP, the First Tier Tribunal upheld the nil award and I am now considering appealing to the Upper Tribunal on various points of law.
Meanwhile, I submitted a new claim to PIP and had an ATOS assessment last week, only to receive a text message on Tuesday that I have now been awarded PIP and will receive funds into my bank account within two weeks!
The second form I completed was an exact copy of the first claim form, but this time I had a decent HCP assessing my claim.
What do I do now? I haven't yet received my written confirmation from DWP, so I do not yet know the breakdown of my award. Should I still go ahead with my appeal to the Upper Tribunal, in the hope of getting backdating to December 2015, or will it put my new claim in jeopardy?
The new claim has resulted in a new Decision. A further appeal, if successful, will result in the remaking of the previous Decision.
So you would receive the award decided by a Tribunal from the date of the Decision appealed to the date of you made your new claim and the new award from then onwards, so going to the UTT cannot effect this current award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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