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PIP not extended for award not made by tribunal
- Mark
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4 years 3 months ago #254711 by Mark
PIP not extended for award not made by tribunal was created by Mark
Hi Gary
As someone who can expect to be reviewed from February 2021 until next February when claim ends surely if you fail assessment and appeal and win they must have a duty to do the same as esa and reinstate and backdate your pip payments. What is the point of appealing if they are not doing that? Or have I misunderstood the issue that JC has posted about?
If the DWP are looking at the end date of claim and saying the tribunal decision is of no consequence what advice would you give to members on how to deal with this matter before it becomes a problem?
Thanks.
Mark
As someone who can expect to be reviewed from February 2021 until next February when claim ends surely if you fail assessment and appeal and win they must have a duty to do the same as esa and reinstate and backdate your pip payments. What is the point of appealing if they are not doing that? Or have I misunderstood the issue that JC has posted about?
If the DWP are looking at the end date of claim and saying the tribunal decision is of no consequence what advice would you give to members on how to deal with this matter before it becomes a problem?
Thanks.
Mark
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4 years 3 months ago #254756 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP not extended for award not made by tribunal
Hi Mark
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
You have misunderstood the issue, you are correct, if you win at Tribunal your award is backdate.
What JC and others who win at Tribunals are saying is that they are not sent a review form from the DWP to renew their claim.
Successful Tribunal claimants have to contact the DWP and make a new claim, unfortunately quite a few claimants forget thinking they will be sent a renewal form or that their claim will get an extension during this pandemic, which is not always the case and we are getting mixed messages from forum members.
We would advise Tribunal renewal claimants to apply one year before their end date as it can take quite a while for a new claim to be processed, one of the issues with this advice is that if an adverse decision is made then their claim will stop from the date of the decision. Prior to Covid-19, DWP were sending out review forms 6 months prior to the claimants end date, but not to Tribunal claimants.
Gary
I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.
You have misunderstood the issue, you are correct, if you win at Tribunal your award is backdate.
What JC and others who win at Tribunals are saying is that they are not sent a review form from the DWP to renew their claim.
Successful Tribunal claimants have to contact the DWP and make a new claim, unfortunately quite a few claimants forget thinking they will be sent a renewal form or that their claim will get an extension during this pandemic, which is not always the case and we are getting mixed messages from forum members.
We would advise Tribunal renewal claimants to apply one year before their end date as it can take quite a while for a new claim to be processed, one of the issues with this advice is that if an adverse decision is made then their claim will stop from the date of the decision. Prior to Covid-19, DWP were sending out review forms 6 months prior to the claimants end date, but not to Tribunal claimants.
Gary
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4 years 3 months ago #254764 by Mark
Replied by Mark on topic PIP not extended for award not made by tribunal
Thanks Gary
But if you are successful at tribunal and you still have to make a claim can the DWP just ignore the tribunal and start the process of assessment all over again? Or should they take the new claim and refer to the tribunals ruling and put you back on pip without any further assessment?
Why is ESA dealt with differently? Is it all down to that pesky end date when they give you pip?
Mark
P.S. As I was writing this the postman came. Dreaded brown envelope from Belfast. Thought ESA. Opened it up and says PIP they have extended my claim to November 2022. Previously was February 2022. So presumably I should not expect a review until maybe around the old end date of even later, touch wood. Although I have heard people getting these and then shortly afterwards getting assessment form to fill out. They do seem to love messing with us.
But if you are successful at tribunal and you still have to make a claim can the DWP just ignore the tribunal and start the process of assessment all over again? Or should they take the new claim and refer to the tribunals ruling and put you back on pip without any further assessment?
Why is ESA dealt with differently? Is it all down to that pesky end date when they give you pip?
Mark
P.S. As I was writing this the postman came. Dreaded brown envelope from Belfast. Thought ESA. Opened it up and says PIP they have extended my claim to November 2022. Previously was February 2022. So presumably I should not expect a review until maybe around the old end date of even later, touch wood. Although I have heard people getting these and then shortly afterwards getting assessment form to fill out. They do seem to love messing with us.
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4 years 3 months ago #254771 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP not extended for award not made by tribunal
Hi Mark
Yes you are correct, sometimes when they give you an extension a renewal form will arrive a few days/weeks later, what you must not do is ignore the renewal form. I always say to claimants use this decision to start getting all your supporting evidence together.
DWP cannot ignore a Trinunal decision, which is one of the reasons why review forms are not sent out to claimants with a Tribunal decision.
ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so your existing ESA award continues in payment until a new Decision is made.
ESA's end date is not linked to PIP's end date. The only things linked to old style legacy ESA and PIP will be the premiums such as SDP & EDP.
Gary
Yes you are correct, sometimes when they give you an extension a renewal form will arrive a few days/weeks later, what you must not do is ignore the renewal form. I always say to claimants use this decision to start getting all your supporting evidence together.
DWP cannot ignore a Trinunal decision, which is one of the reasons why review forms are not sent out to claimants with a Tribunal decision.
ESA is an indefinite award with scheduled reassessment based on the Prognosis Date completed by the assessor in their report, so your existing ESA award continues in payment until a new Decision is made.
ESA's end date is not linked to PIP's end date. The only things linked to old style legacy ESA and PIP will be the premiums such as SDP & EDP.
Gary
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4 years 3 months ago #254785 by Mark
Replied by Mark on topic PIP not extended for award not made by tribunal
Thanks Gary
But why extend it and then send a review? Why not just send the review? In my case the extension seems pointless as they have plenty of time. Can they genuinely extend and not send a review for quite some time? Suppose only they know the logic (or lack of) behind it.
Mark
Mark
But why extend it and then send a review? Why not just send the review? In my case the extension seems pointless as they have plenty of time. Can they genuinely extend and not send a review for quite some time? Suppose only they know the logic (or lack of) behind it.
Mark
Mark
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4 years 3 months ago #254787 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP not extended for award not made by tribunal
Hi Mark
I cannot answer the logic of the DWP, I can only tell you that we have heard from a number of forum members who have received the extension letter only to be send a review form a few days/weeks later.
Gary
I cannot answer the logic of the DWP, I can only tell you that we have heard from a number of forum members who have received the extension letter only to be send a review form a few days/weeks later.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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