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Two PIP claims earlier closed down
- Paulineh
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3 years 3 months ago #266278 by Paulineh
Two PIP claims earlier closed down was created by Paulineh
Hi
I had my first claim for PIP in August 2014. This was taken away from me in March 2016 after a home visit. PIP was very new then. I made an appeal and that took 1 Tribunal in person which upheld taking PIP from me. So I went to Upper Tribunal. In Autumn 2016 that UtT Judge agreed on a supercession. But took until April 2017 to write saying I had to go before a totally new 'bench' in a FtT once again. I had been without PIP for 1 year virtually.
In the frustration of the scheme progress - virtually ALL MRs had to go to Tribunal at that time, that I began a NEW PIP claim on 22/2/17 thinking it might be settled earlier.
That 2nd claim took until October 2018 to be settled, so it was slower than ever. I therefore received backpay from 22/2/17-October 2018. However I never ever had closure on the original claim between 6)3/16 and 21/2/17 when I was fighting lower and Upper Tribunals without success.
I lost income of about a years PIP because of the DWP moving MRs virtually straight to the Courts to sort and thus overwhelming the system and slowing down an outcome to which I was fully entitled.
At one of the 4 FtTribunals organised re the "2nd PIP claim" the judge noted on the foot of my case decision that I had indeed opened a second PIP claim without realising it shut down the first PIP claim automatically. He also wrote that I could possibly apply late for that period but that it "wasn't within his court's jurisdiction to pursue that matter" at that point.
Can I now make a belated claim to that lost income from 6/3)16-21/2/17?
It seems wrong that I cannot otherwise.
Also the recent report by the DWP on the PIP Journey since 2013-to date clearly shows peaks of workflow, line happened to me, impacting directly on claimants and caused by process changes by DWP. At the outset, DWP dealt with MRs in-house. Then they changed it to throwing ALL out and forcing claimants to Tribunals. As a result, HMCTS was overwhelmed and slow. DWP was able to say it wasn't their fault but the Courts.
Now once again the DWP seems to act on MRs itself in recent ones I have been involved in where friends have been claiming and then failed their HA. Only to find they could argue their case direct with HCA/DWP and get an overturn without the courts.
Has an appraisal of how the PIP journey changes have directly impacted claimants like myself? I just look at the graphs in the DWP report and you can see blockages, abandoned cases or failed ones like my own which were technicalities caused by the system delays promoted by the DWP ever-changing methodology for dealing with MRs.
I want to pursue that original claim. I was given back PIP with my second claim so I believe I should have had it continuously. I now have a long term 10year award for PUP but they've dodged every piece of evidence re making unfamiliar journeys with a companion - which would entitle me to 10 points and Standard PIP Mobility, 50% car tax reduction and possibly access a Blue Badge.
The DWP has caused me torture for the last 6 years now. I have just written but not had acknowledgement re ignoring my MH evidence once again. But I am stuck regarding the original PIP claim year-long complete loss of benefits until my 2nd claim was won by me in October 2018 for my sheer persistence.
In summary
PIP 1 Shut down by PIP 2 claim? Can I pursue this now?
PIP 2 underpaid since 21/2/2017 because DWP ignored my inability to make an unfamiliar journey without a companion - case law says I should be awarded Standard rate mobility even if that companion does nothing other than sit with me whilst travelling on an unfamiliar route.
I had my first claim for PIP in August 2014. This was taken away from me in March 2016 after a home visit. PIP was very new then. I made an appeal and that took 1 Tribunal in person which upheld taking PIP from me. So I went to Upper Tribunal. In Autumn 2016 that UtT Judge agreed on a supercession. But took until April 2017 to write saying I had to go before a totally new 'bench' in a FtT once again. I had been without PIP for 1 year virtually.
In the frustration of the scheme progress - virtually ALL MRs had to go to Tribunal at that time, that I began a NEW PIP claim on 22/2/17 thinking it might be settled earlier.
That 2nd claim took until October 2018 to be settled, so it was slower than ever. I therefore received backpay from 22/2/17-October 2018. However I never ever had closure on the original claim between 6)3/16 and 21/2/17 when I was fighting lower and Upper Tribunals without success.
I lost income of about a years PIP because of the DWP moving MRs virtually straight to the Courts to sort and thus overwhelming the system and slowing down an outcome to which I was fully entitled.
At one of the 4 FtTribunals organised re the "2nd PIP claim" the judge noted on the foot of my case decision that I had indeed opened a second PIP claim without realising it shut down the first PIP claim automatically. He also wrote that I could possibly apply late for that period but that it "wasn't within his court's jurisdiction to pursue that matter" at that point.
Can I now make a belated claim to that lost income from 6/3)16-21/2/17?
It seems wrong that I cannot otherwise.
Also the recent report by the DWP on the PIP Journey since 2013-to date clearly shows peaks of workflow, line happened to me, impacting directly on claimants and caused by process changes by DWP. At the outset, DWP dealt with MRs in-house. Then they changed it to throwing ALL out and forcing claimants to Tribunals. As a result, HMCTS was overwhelmed and slow. DWP was able to say it wasn't their fault but the Courts.
Now once again the DWP seems to act on MRs itself in recent ones I have been involved in where friends have been claiming and then failed their HA. Only to find they could argue their case direct with HCA/DWP and get an overturn without the courts.
Has an appraisal of how the PIP journey changes have directly impacted claimants like myself? I just look at the graphs in the DWP report and you can see blockages, abandoned cases or failed ones like my own which were technicalities caused by the system delays promoted by the DWP ever-changing methodology for dealing with MRs.
I want to pursue that original claim. I was given back PIP with my second claim so I believe I should have had it continuously. I now have a long term 10year award for PUP but they've dodged every piece of evidence re making unfamiliar journeys with a companion - which would entitle me to 10 points and Standard PIP Mobility, 50% car tax reduction and possibly access a Blue Badge.
The DWP has caused me torture for the last 6 years now. I have just written but not had acknowledgement re ignoring my MH evidence once again. But I am stuck regarding the original PIP claim year-long complete loss of benefits until my 2nd claim was won by me in October 2018 for my sheer persistence.
In summary
PIP 1 Shut down by PIP 2 claim? Can I pursue this now?
PIP 2 underpaid since 21/2/2017 because DWP ignored my inability to make an unfamiliar journey without a companion - case law says I should be awarded Standard rate mobility even if that companion does nothing other than sit with me whilst travelling on an unfamiliar route.
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- BIS
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3 years 2 months ago #266377 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Two PIP claims earlier closed down
Hi Paulineh
Can you pursue your PIP 1 claim now? I don't think so because too much time has passed. There is nothing to stop you from asking the question, but I would expect you to receive a negative answer.
PIP 2 - If you believe you were underpaid in 2017 you can ask them to look at your case again and it is up to the DWP whether they agree.
BIS
Can you pursue your PIP 1 claim now? I don't think so because too much time has passed. There is nothing to stop you from asking the question, but I would expect you to receive a negative answer.
PIP 2 - If you believe you were underpaid in 2017 you can ask them to look at your case again and it is up to the DWP whether they agree.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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3 years 2 months ago #266379 by denby
Replied by denby on topic Two PIP claims earlier closed down
Hi Paulineh, just want to express huge sympathy for your journey with PIP which you so rightly describe as torture. Please do fill in the survey mentioned on the top of the Forum page.
www.benefitsandwork.co.uk/forum1/10-dla-...ons-committee-survey
May I say how fascinated I am by what you have exposed about an apparent deliberate policy of DWP to pass the buck to the overworked and underfunded Court system. And washing their hands Pontius Pilate-like of the resulting damage to claimants as per: Justice delayed is Justice DENIED.
kind regards,
Denby
www.benefitsandwork.co.uk/forum1/10-dla-...ons-committee-survey
May I say how fascinated I am by what you have exposed about an apparent deliberate policy of DWP to pass the buck to the overworked and underfunded Court system. And washing their hands Pontius Pilate-like of the resulting damage to claimants as per: Justice delayed is Justice DENIED.
kind regards,
Denby
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