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PIP appeal
- Julie H
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6 years 8 months ago #205265 by Julie H
PIP appeal was created by Julie H
Hello All, I am going through the process of claiming PIP, now at the appeal stage. In papers I received from DWP (copy of what they have sent to court) they have stated that since my condition has worsened since original claim (June 17), I should be making new claim. I think this is just a way out of paying if I were successful. However, would you recommend I do start a new claim? Thanks all.
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- Gordon
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6 years 8 months ago #205285 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal
Julie
There are two aspects to this.
In regard your appeal, the panel can only take into consideration your conditions and limitations as they were at the time of the Decision being appealed, the DWP letter is reminding the panel that they should do this, so you must be very careful to ensure that your answer describe how you were and not how you are or you risk undermining your appeal.
I can't tell you whether to make a fresh claim or not, you may have a higher likelihood of success if you do but doing so will create a new Decision will supersede any that an appeal panel might make so you need to consider what this might mean. As a worst case example; if the Tribunal makes an award and the new claim result in no award, then it is this that will be taken forward although you would have a new right of appeal for this Decision.
Gordon
There are two aspects to this.
In regard your appeal, the panel can only take into consideration your conditions and limitations as they were at the time of the Decision being appealed, the DWP letter is reminding the panel that they should do this, so you must be very careful to ensure that your answer describe how you were and not how you are or you risk undermining your appeal.
I can't tell you whether to make a fresh claim or not, you may have a higher likelihood of success if you do but doing so will create a new Decision will supersede any that an appeal panel might make so you need to consider what this might mean. As a worst case example; if the Tribunal makes an award and the new claim result in no award, then it is this that will be taken forward although you would have a new right of appeal for this Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Julie H
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6 years 8 months ago #205293 by Julie H
Replied by Julie H on topic PIP appeal
Thank you Gordon. I have made it very clear that my health conditions were bad from the beginning e.g, not being able to walk 20m without pain and discomfort. My health worsened and now I'm virtually housebound. I just hope the panel will see this. I think I will leave another claim until after the appeal is heard. As you say, I may be doing myself an injustice.
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