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- Mollymoo99
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4 years 4 days ago #258620 by Mollymoo99
LEAP was created by Mollymoo99
Hi everyone,
I know you have had many questions regarding the topic, and I hate to add to that, however I just would like to ask a question.
I was awarded pip, but challenged the decision, went to tribunal, won higher rate DL and lower rate mobility.
My award is ending on the 28th of this month.
As I have to reapply as a new claim does that mean my original claim won’t be looked at for a backpayment?
I can’t help but feel like taking it to tribunal has made everything worse in the sense , my claim is now being treated as a new one and they could possibly get out of paying this. Is that the DWP punishment for claimants taking them to task?
I did mention this new law in an earlier MR and asked if my claim had been looked at, but it was completely ignored.
Any advice you can give I would be so grateful,
Yours sincerely,
Loubylou
I know you have had many questions regarding the topic, and I hate to add to that, however I just would like to ask a question.
I was awarded pip, but challenged the decision, went to tribunal, won higher rate DL and lower rate mobility.
My award is ending on the 28th of this month.
As I have to reapply as a new claim does that mean my original claim won’t be looked at for a backpayment?
I can’t help but feel like taking it to tribunal has made everything worse in the sense , my claim is now being treated as a new one and they could possibly get out of paying this. Is that the DWP punishment for claimants taking them to task?
I did mention this new law in an earlier MR and asked if my claim had been looked at, but it was completely ignored.
Any advice you can give I would be so grateful,
Yours sincerely,
Loubylou
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- BIS
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4 years 4 days ago #258661 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic LEAP
Hi Loubylou
I suspect that your claim won't be looked at, because your award was made at Tribunal and there should be an assumption that they knew of the changes and still decided to award you standard mobility. However, I can't categorically say that is the case and the only way that you would know is by contacting the DWP and asking.
They wouldn't have responded to your question about whether they had looked at during your MR as they wouldn't have considered it relevant to the specifics of the MR.
It's an issue others have raised about whether their past claims will be looked at if they have had to put in a new one and there are no announcements about this from the DWP. So can't say here.
BIS
I suspect that your claim won't be looked at, because your award was made at Tribunal and there should be an assumption that they knew of the changes and still decided to award you standard mobility. However, I can't categorically say that is the case and the only way that you would know is by contacting the DWP and asking.
They wouldn't have responded to your question about whether they had looked at during your MR as they wouldn't have considered it relevant to the specifics of the MR.
It's an issue others have raised about whether their past claims will be looked at if they have had to put in a new one and there are no announcements about this from the DWP. So can't say here.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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4 years 4 days ago #258673 by denby
Replied by denby on topic LEAP
Hi, I have a friend who does a lot of voluntary work supporting people struggling with PIP and he says the statistics on 'his' claims show DWP do react negatively to people who have 'beaten' them. A small sample but may be of interest to you.
All the more reason to take the fight all the way, as the Tribunal are not part of DWP and mostly quite savvy about them.
Denby
All the more reason to take the fight all the way, as the Tribunal are not part of DWP and mostly quite savvy about them.
Denby
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