Failed PIP Appeal Should I re-apply?

Hello

My Brother had a PIP appeal and the results of that appeal arrived this afternoon and they have refused him a PIP award. He had representation at the appeal and we have contacted his representative to seek further advice.

I understand his options are now to either go to upper tribunal and request a Statement of Reason or to re-apply.

My question is. If my brother re-applied for pip with a much more detailed application because the first aplication was basically a single line saying he is unable to do the task and he submitted little evidence because he did not know what he was doing at the time and he has problems filling out forms. If he submitted a new application and included the evidence that was sent to the tribunal would the DWP look at that evidence and throw out his new application because he is not using new evidence. The evidence was gathered months after his application for a PIP tribunal so the evidence would be more relevent in a new application.

What I was thinking of doing was to go to Upper Tribunal whilst requesting and submitting a new application.

So would the DWP assessors look at the Evidence and notice it was used for a tribunal that failed and dismis the evidence for the new claim? Also we will use your guides for the new claim and make it much more detailed and descriptive.

Thanks in advance
Waxwing

Hello BIS

Thank you kindly for your reply. You make a great point about requesting the SOR before making the new application so we do not make the same mistakes. Never thought about that. So it will certainly be worth requesting a SOR.

My Brother and myself are devistated at the result because he gets very anxious and the whole process we have been going through for the past 21 months has been horendous and to get the reult from the tribunal to be refused an award has really made things worse.

You said "It doesn't matter if some of the same information is used on the new application - that's what would be expected." I was asking about the medical evidence that we submitted to the tribunal after we applied for appeal. Would the DWP reject the evidence if it was used for a failed tribunal appeal in included in a new application? Much of the evidence submitted to the tribunal was dated many months after his origional claim.

Since he applied for apeal he has managed to get a blue badge just using the information that the tribunal recieved and was accepted withing 24 hours of his blue badge application. When he telephoned to apply they suggested straight away he cliamed PIP. So I am thinking that if he had a much better application form and the evidence he has now he would stand a much better chance of getting the award he rightly deserves.

Hi… just an aside… PIP claims are supposed to take into account the three months before the application, and the nine months after…
this helped me with my Tribunal evidence, but I did have to go to the Upper Tribunal…

the first FTT I attended was atrocious… they duplicated the zero DWP decision..
I had a 2.5 year ordeal…. Before finally getting E/E for five years…
I personally decided on not submitting a ‘new’ PIP application as I would have had a nervous breakdown… but your choice obvs..

Thank you for your reply Angel

Interesting information there. I will take that into account when we recieve the SOR from the tribunal. We are intending to take it to Upper Tribunal if there is reason to do so and personally I think there is because the tribunal did not take into account the damming evidence including consultant letters, family letters and a letter from my carer that was submitted after the tribunal application. The tribunal did not allow my brother to put forward his case and kept stopping him when he tried to say something in detail and then moved on to something else and another topic. We have also requested a recording of the hearing. We where told by the tribunal this morning to send them an email and not to write a letter. I am not sure if we have done the correct thing by using email but we did anyway as we can print off the email as proof.

The reason why we are going to submit a new claim is because the evidence he submitted to the tribunal and he has got now is rock solid (or should be) and it would be better used in a more descriptive and a more indepth claim because his first claim was a complete car crash. He ticked NO when he should have ticked YES and he only put 3 worded reasons for each description. He has problems with filling forms and he did not know what he was doing. He has been told before he makes a new claim he MUST go back to the disability welfare charity that was helping him with his appeal and they will look over his new claim to make sure he has covered all points and will help him further. I have also said I will help him because I have learn a HUGE amount since all of this started 20 months ago and it has been a real eye opener on how the "System" works!

"and a letter from my carer that was submitted after the tribunal application"

I meant HIS carer. My brain is fried lol