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PIP Tribunal award length

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5 years 5 months ago #229175 by Maisiemou
PIP Tribunal award length was created by Maisiemou
Hi, Hope someone can shed some light as to what might happen regarding reassessment/Review .
Background, Adult Son with Autism and ADHD applied for PIP sept 2016
Assessor awarded 9 points daily living
Feb 2017 Decision letter arrives DM awards 3 points no award
March 2017 Mandatory reconsideration New DM awards 7 points no award.
I become My Sons Representative and apply to Appeal
October 2017 First tier tribunal Awards 6 points.
I found several errors of law and was not happy about how they came to the decision
December Granted leave to appeal to Upper Tribunal
May 2018 Upper Tribunal agree there have been 3 errors of law and also makes notes about How the Ftt came to their decision ignoring medical evidence
Upper Tribunal direct for a New First tier tribunal to rehear the case giving directions where the first tribunal err'd
Today April 11th 2019 132 weeks from first application after 3 hours!! with one short comfort break, Son is awarded Standard Care and Standard Mobility
But the award is only for 3 years and ends on the 27th September 2019 so only 5 months left!
I asked the DWP REP what would happen regarding review as usually You have a review sometime between 6 months to a year before the end date, and there is only 5 months left!
DWP rep did not know!
I queried this with the panel but they were dismissive of My concerns
Does anyone know if when the official decision letter from the DWP comes are they still able to lengthen the award so to allow for the time for a review as normal.
Any help advice appreciated!

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5 years 5 months ago #229185 by Gordon
Replied by Gordon on topic PIP Tribunal award length
Maisiemou

The Tribunal panel had the discretion to extend the award and didn't, I'm afraid the DWP are not going to either.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would call them next week to make sure that the DWP have received the Decision Notice.

When you the award is in payment and you have received the back payments, I would start a renewal claim for PIP, this is the same as a new claim just be careful to refer to it as a renewal. It will involve a new PIP2 and quite possibly another face to face assessment.

Gordon

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

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5 years 5 months ago #229189 by Maisiemou
Replied by Maisiemou on topic PIP Tribunal award length
Hi Gordon.
There was never an award in place, This is the first time an award has been actually given.

So usually 3 year awards if given by the Assessor are then made 4 years with a review date anytime after the 3 years.

So what I am asking is when the dwp get the decision notice can they extend the award to 4 years and so set a review time from September when the 3 years is up.

This claim was started in September 2016 and only decided today.

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5 years 5 months ago #229192 by Gordon
Replied by Gordon on topic PIP Tribunal award length
Maisiemou

I'm sorry but they are not going to extend the award there is no reason for them to do so.

Gordon

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

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