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Advice on PIP please

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6 years 1 month ago #216288 by Debra012
Advice on PIP please was created by Debra012
Hi everyone,

I posted a few weeks ago regarding my PIP appeal and got some great advice so hoping that you can help me with a bit of a dilemma.
A bit of back story: I'd been in receipt of DLA MR care HR mobility for many years on going, degenerative illness. After my assessment for PIP I received no points at all and lost everything, including car and carers allowance. After a lot of soul searching and stress I proceeded with an appeal but still not received anything back from DWP, now overdue and courts are contacting them to chase it up.

We've been seriously struggling financially for the past 3-4 months and completely run out of savings and in receipt of IS at £87 a week (husband & myself) husband is now being hassled to find a job has is no longer entitled to carers allowance but I genuinely could not cope alone all day. No family other than adult daughter working with own families.

Aside from my mental health which has worsened, a lot due to the stress my physical health has become increasingly worse since my assessment, bone fractures due to bone weakening etc. This may be something that DWP take issue with and reject my appeal based on new medical findings. Or, as I really hope and pray they are looking as this new evidence and preparing to reinstate my benefite before appeal (I live in hope!)

So my question really is, do I follow through with the appeal, courts have informed me a tribunal date would be at least 9 months wait or do I reapply? I really don't know what the best course of action would be. We are unab,e to make ends meet financially but I'm also terrified of going through the assement procedure again, having said that I'm also terrified of the appeal procedure.

I would be really grateful for any and all input
Thanks for reading

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6 years 1 month ago #216303 by Gordon
Replied by Gordon on topic Advice on PIP please
Debra

You mention your conditions have worsened since the assessment, I'm afraid any change that post-dates the Decision cannot be considered by the Tribunal panel, they can only consider your conditions and limitations as they were at the time of the Decision being appealed.

There is nothing stopping you making a new claim and continuing with the appeal, there is no waiting time and the new claim will be assessed on the basis of the new PIP2 and assessment that you will have.

The only thing to be aware of is that the new claim will result in a new Decision which will supersede the result of the Tribunal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Debra012

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6 years 1 month ago #216313 by Debra012
Replied by Debra012 on topic Advice on PIP please
Hi Gordon,

Thank you for your reply. That's what I was a little concerned about to be honest. I believe I still have a good case for appeal pre worsening of conditions but don't want to go through the whole waiting process for appeal when I now have further evidence of complications and the effect on my ability.

Please could you clarify some thing for me, do I continue with appeal and just wait till DWP send their bundle to me and reapply at the same time or contact tribunal to end appeal and reapply. Will a new claim for PIP even be considered if an appeal is in play ? Sorry for all the questions I'm very confused by it all.

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6 years 1 month ago #216329 by Gordon
Replied by Gordon on topic Advice on PIP please
Debra

As I said in my previous post you can appeal and make a new claim for PIP, whether you should appeal, or make a new claim or do both is a decision that only you can make.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Debra012

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