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PIP, Upper Tribunal and reapplying for PIP - HELP

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6 years 9 months ago #191280 by Aloevera
Hello, I wander is someone can please help me. I went to CABS this morning. When my DLA ended, they helped me fill in PIP forms. After a physical assessment, DWP said no to PIP also, ' No' to reconsideration notice as well. I appealed and appeared in court for first tier tribunal. Absolutely humiliating and I cried all the way home. Letter came through, no again so CABS helped with letter to appeal to the Upper Tribunal. No again, but I've been told this morning when CABS completed form for me, and submitted information as to why First Tribunal declined, the lady at CABS told me that I can reapply for PIP while the Upper Tribunal decide whether I'm entitled to PIP. CABS believes that two error of Law was committed, by not taking into consideration the medical evidence.

I don't want to jeopardise my Upper Tribunal appeal by reapplying for PIP at the same time. Should I wait to receive the Upper Tribunal decision? I have a multitude of health problems and used to get Medium Care and Higher rate mobility. Thanks.

From a fed up and stressed out,
Aloevera

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6 years 9 months ago #191300 by Gordon
Aloevera

If the CAB are helping you with your UTT appeal then you should really raise these questions with them, however, the primary issue with you making a new claim is that it will result in a new Decision which will supersede any Decisions made by the Tribunal Service, even if those Decisions are made after the one on your new claim.

Any revised Tribunal Decision will apply from the date of the Decision that you appealed, so you could get a situation where a new Tribunal makes an award and the new claim does not and it will be the latter that is taken forward, although this would create a new right of appeal.

Gordon

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