PIP new application after tribunal win

Hi bluemoon,
You are right! Just to put this into context- there has recently been much debate about this issue in the Upper Tribunal. It is all to do with the right to having a fair trial, and transparent legal process.
If you were a tribunal member, dealing with what you thought was an initial pip claim, and had no history of any DLA or ESA etc. You have read an assessor's report giving nil points. You are simply not sure that the claimant's disabilities are as bad as alleged. Easy decision. Accept assessor and DWP and confirm no points. Alternatively you have read the negative assessor's comments and then become aware that the claimant has had a long history of disability benefits. The latter scenario is likely to change your mind, and potentially award benefit. The evidence of previous benefits shows continued disability and will give a starting level for this. It is unfair for DWP not to provide this information, and it is very misleading for the tribunal. It will be noted that as part of the tribunal rules dwp have a duty to supply all relevant information. So...Needless to say the Upper Tribunal has made several rulings that stipulate that previous disability benefit awards, whether same or different are all relevant and should be disclosed.
If you go to tribunal, then the tribunal will also have to explain any discrepancy in previous awards. (Even if DWP hasn't!)
If you have had eg a previous PIP award, and on some form of review DWP remove or reduce the award this is called a supersession. The law requires that in these cases it is now for DWP to prove that an actual change of circumstances has taken place (Eg you have actually got better, and it's not just an opinion of an assessor .) DWP will have to prove the exact date this change took place too! If DWP can't prove both these then the previous award will still stand.
I hope this helps.
LL26

Just to answer some comments here.
DWP can instigate a review at any time. Normally this is towards the end if an award period, and is effectively a renewal.
It is possible to have an in-award review. This could be instigated if DWP thinks some sort of fraud is happening, or more likely, you've just had an assessment on your ESA awarding nil points so you won't need PIP anymore!
But these reviews can occur at anytime.
Whilst it may not be lawful for DWP to revise an award (supersede) reducing it or cancelling it, you will still have to convince them, and more likely than not this will have to be done via MR and then tribunal. The law concerning supetsessions is very complicated!
Hope this clarifies things.
LL26