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Help!
- Imuyatwa
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2 years 3 months ago #274014 by Imuyatwa
Help! was created by Imuyatwa
Good afternoon,
I recently got an offer awarded after going to Tribunal. Got letter saying I need to re-apply for PIP dated the same day DWP called to say they'll pay me standard mobility and living from December 2021!
My cab advisor has advised the below and I really don't know what to do now:
As we discussed today on the phone I set out some advice on your options.
You can still ask for the PIP appeal to go ahead. However, when you go to appeal the Tribunal can take away points already awarded to you as well as give more points.
It is important to understand that if points are taken away and that means you do not have enough points for an award -your existing PIP award will be removed and will not be paid going forward. Technically, there is an overpayment of PIP award for the money previously paid but as you will be unaware of that overpayment until the Tribunal decided the appeal I have never seen the DWP try to recover the overpayment.
In your case the present award of PIP is due for reassessment by January 2023 so I expect they will be contacting you very soon to start the assessment process. There are two issues about this new claim:
If the new assessment results in a new award of PIP and that award decision is before the appeal against your current award, then the appeal on the current award should only make any award up to the date of the new decision.
If the new assessment does not result in a new decision by the date of your appeal on the current award then the Tribunal can set what the award period will be to and that will override the re assessment and new decision from January 2023.
For you I would suggest that you need to consider the stress involved in proceeding with the appeal on your current claim, particularly as risk to your current award is involved. Your alternative is to not do anything about your current award and let the new PIP assessment and decision from January 2023 go forward (and of course you may want to appeal the new decision in 2023).
Please carefully consider the above options and tell me what you want me to do for you- either to proceed with the appeal or for me to do nothing and you will see what happens at the forthcoming reassessment from January 2023.
I recently got an offer awarded after going to Tribunal. Got letter saying I need to re-apply for PIP dated the same day DWP called to say they'll pay me standard mobility and living from December 2021!
My cab advisor has advised the below and I really don't know what to do now:
As we discussed today on the phone I set out some advice on your options.
You can still ask for the PIP appeal to go ahead. However, when you go to appeal the Tribunal can take away points already awarded to you as well as give more points.
It is important to understand that if points are taken away and that means you do not have enough points for an award -your existing PIP award will be removed and will not be paid going forward. Technically, there is an overpayment of PIP award for the money previously paid but as you will be unaware of that overpayment until the Tribunal decided the appeal I have never seen the DWP try to recover the overpayment.
In your case the present award of PIP is due for reassessment by January 2023 so I expect they will be contacting you very soon to start the assessment process. There are two issues about this new claim:
If the new assessment results in a new award of PIP and that award decision is before the appeal against your current award, then the appeal on the current award should only make any award up to the date of the new decision.
If the new assessment does not result in a new decision by the date of your appeal on the current award then the Tribunal can set what the award period will be to and that will override the re assessment and new decision from January 2023.
For you I would suggest that you need to consider the stress involved in proceeding with the appeal on your current claim, particularly as risk to your current award is involved. Your alternative is to not do anything about your current award and let the new PIP assessment and decision from January 2023 go forward (and of course you may want to appeal the new decision in 2023).
Please carefully consider the above options and tell me what you want me to do for you- either to proceed with the appeal or for me to do nothing and you will see what happens at the forthcoming reassessment from January 2023.
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- Gordon
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2 years 3 months ago #274033 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help!
Imuyatwa
I'm afraid we cannot offer advice on what you should do, only you can make this Decision, however, to summarise your options.
1. You can accept the DWP offer and take no further action until you are reassesed.
2. You can reject the DWP offer and go onto appeal. Your advisor is correct that a Tribunal can remove points as well as increase them but if this is going to happen then the Judge in charge of the hearing must issue a warning to you and offer you an opportunity to withdraw your appeal, leaving any existing award in place.
3. You can accept the DWP offer and as soon as the new award is in payment, lodge a new appeal with the TS.
Hope this helps.
Gordon
I'm afraid we cannot offer advice on what you should do, only you can make this Decision, however, to summarise your options.
1. You can accept the DWP offer and take no further action until you are reassesed.
2. You can reject the DWP offer and go onto appeal. Your advisor is correct that a Tribunal can remove points as well as increase them but if this is going to happen then the Judge in charge of the hearing must issue a warning to you and offer you an opportunity to withdraw your appeal, leaving any existing award in place.
3. You can accept the DWP offer and as soon as the new award is in payment, lodge a new appeal with the TS.
Hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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