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What to do next?
- MikeM
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6 years 7 months ago #196890 by MikeM
What to do next? was created by MikeM
Good Afternoon,
Had my. DLA to PiP invite in January..failed..done M.R. and failed again and Im still waiting for a Tribunal date.
However, during this time hada routine blood test for my heart condition and Prostrate cancer was picked up. I informed the the DWP and they said to start a new claim had a home medical for this claim. Yesterday received confimation that I have been awarded lower rate carer pip only. Not particularly pleased but its something after 8 months of nothing.
My questions are:
They have said my first payment will not be until October as you dont get anything for the first 3 months we dont understand how they got this date as
were informed of this in May [ unless they have contactef the hospital and have used the operaration date] Any ideas??
When I go to the Tribunal. And if Im lucky enough to win am I rigjt in thinking only the arrears would be paid at a higher rate and going forward I would still get this recent amount of lower carers pip?
And thirdly yesterday had my follow up at the hospital , unfortunately the the removal of the prostrate has not worked and I still have cancer..can I just 'update' the DWP. and will they review my PIP. or would they make me go through another M.R? Just so glad to have something cant bear the thought of losing this or going through another tribunal!
Walt
Had my. DLA to PiP invite in January..failed..done M.R. and failed again and Im still waiting for a Tribunal date.
However, during this time hada routine blood test for my heart condition and Prostrate cancer was picked up. I informed the the DWP and they said to start a new claim had a home medical for this claim. Yesterday received confimation that I have been awarded lower rate carer pip only. Not particularly pleased but its something after 8 months of nothing.
My questions are:
They have said my first payment will not be until October as you dont get anything for the first 3 months we dont understand how they got this date as
were informed of this in May [ unless they have contactef the hospital and have used the operaration date] Any ideas??
When I go to the Tribunal. And if Im lucky enough to win am I rigjt in thinking only the arrears would be paid at a higher rate and going forward I would still get this recent amount of lower carers pip?
And thirdly yesterday had my follow up at the hospital , unfortunately the the removal of the prostrate has not worked and I still have cancer..can I just 'update' the DWP. and will they review my PIP. or would they make me go through another M.R? Just so glad to have something cant bear the thought of losing this or going through another tribunal!
Walt
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6 years 7 months ago #196912 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What to do next?
Walter
PIP requires that the claimant has had their current level of limitation for three months before an award can be made, if you are saying that you were effected in the same way in May as you are now then you should contact the DWP about the start date.
If you receive an award at your Tribunal then arrears should be paid from the day after your DLA payments stopped until the day before your new award starts.
I'm sorry to hear that your operation was unsuccessful. You only need to notify the DWP if your limitations in regard to the PIP activities have improved, if they have worsened then you should look at whether the deterioration would result in your scoring the extra points needed for a higher award. If it would then you should consider notifying the DWP, but be aware that doing so will result in a reassessment of your current award, new form and almost certainly a new assessment.
Gordon
PIP requires that the claimant has had their current level of limitation for three months before an award can be made, if you are saying that you were effected in the same way in May as you are now then you should contact the DWP about the start date.
If you receive an award at your Tribunal then arrears should be paid from the day after your DLA payments stopped until the day before your new award starts.
I'm sorry to hear that your operation was unsuccessful. You only need to notify the DWP if your limitations in regard to the PIP activities have improved, if they have worsened then you should look at whether the deterioration would result in your scoring the extra points needed for a higher award. If it would then you should consider notifying the DWP, but be aware that doing so will result in a reassessment of your current award, new form and almost certainly a new assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #198343 by MikeM
Replied by MikeM on topic What to do next?
Welll good news..won my tribual last week...lower rates for both. Howevermy questio is, Tribunalsays this award is for 3 years.
As I previously said this award was justfor myheastproblems, I was advised by DWP to put in another claim around May when I wa diagnosed with another illness. I received a letter to say I was entitled to low rate Care , payable from October.
I came home and rang DWP as i was concerned that iwould get arrears and then money would drop from the october, however the clerk said the Tribunals decision would supercede the new award...is this correct please??
Also, i wrote with an update when iknew I needed radiotherapy and now they have sent another form, i just dont want to go through another MR/ Tribunal at present, would they have suspended my claim waiting for the MR tobe returned or will Tribunal result just supercede everything??
Sorry for a long post! But I just didnt trust what the clerk said on the phone a out superceding the 2nd claim, hecouldnt wait to get me off the line
Thank you
Mike
As I previously said this award was justfor myheastproblems, I was advised by DWP to put in another claim around May when I wa diagnosed with another illness. I received a letter to say I was entitled to low rate Care , payable from October.
I came home and rang DWP as i was concerned that iwould get arrears and then money would drop from the october, however the clerk said the Tribunals decision would supercede the new award...is this correct please??
Also, i wrote with an update when iknew I needed radiotherapy and now they have sent another form, i just dont want to go through another MR/ Tribunal at present, would they have suspended my claim waiting for the MR tobe returned or will Tribunal result just supercede everything??
Sorry for a long post! But I just didnt trust what the clerk said on the phone a out superceding the 2nd claim, hecouldnt wait to get me off the line
Thank you
Mike
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6 years 6 months ago #198367 by Gordon
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Replied by Gordon on topic What to do next?
Mike
I am really sorry but the Decision from your Tribunal, although later, actually re-makes the original Decision and applies from that date, so it will be superseded by the Decision from your new claim and you will only receive the Standard Daily Living going forward, although you will receive back payment of the Tribunal award up to the date when your new award applies from.
The new award creates a new right of appeal.
Gordon
I am really sorry but the Decision from your Tribunal, although later, actually re-makes the original Decision and applies from that date, so it will be superseded by the Decision from your new claim and you will only receive the Standard Daily Living going forward, although you will receive back payment of the Tribunal award up to the date when your new award applies from.
The new award creates a new right of appeal.
Gordon
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6 years 6 months ago #198737 by MikeM
Replied by MikeM on topic What to do next?
Good Afternoon Gordon,
Thank you for this information, can I ask where the legislation can be found ? Seems a grey area that man at the DWP says tribunal result will supercede the new claim and you say new claim at lower rate will go forward but I will get arrears at higher rate. Plus the tribunal said their award is for 3 years.
Im not distrusting what you say as you are so knowledgable but just need to know what piece of legislation actually spells this out?
Also can I withdraw the second claim, as I havent received any mney from it yet?
As always Thank you for your wonderful advice and giving so much time to helping people.
Thank you for this information, can I ask where the legislation can be found ? Seems a grey area that man at the DWP says tribunal result will supercede the new claim and you say new claim at lower rate will go forward but I will get arrears at higher rate. Plus the tribunal said their award is for 3 years.
Im not distrusting what you say as you are so knowledgable but just need to know what piece of legislation actually spells this out?
Also can I withdraw the second claim, as I havent received any mney from it yet?
As always Thank you for your wonderful advice and giving so much time to helping people.
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6 years 6 months ago #198752 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic What to do next?
Mike
I am going to struggle to point you at a specific piece of legislation, I don't have the time to dig it out.
The principle is simple, a later Decision supersedes a previous one. Although the Tribunal Decision was made after the one on your new claim, the date it applies from is the date of the of the Decision that you appealed.
Gordon
I am going to struggle to point you at a specific piece of legislation, I don't have the time to dig it out.
The principle is simple, a later Decision supersedes a previous one. Although the Tribunal Decision was made after the one on your new claim, the date it applies from is the date of the of the Decision that you appealed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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