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PIP new claim after lapsed tribunal award
- Ayden64
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2 years 2 months ago #274519 by Ayden64
PIP new claim after lapsed tribunal award was created by Ayden64
Hello!
Wish I found this place years ago!
I've helped someone with their PIP for many years and its always been a hard fought battle of 100s of pages each time. In 2019, a new PIP claim was made (the 3rd consecutive one). Standard rate was awarded for both components. We appealed and DWP sent a letter out to say they have looked at the new evidence and "your appeal will not continue". From Tribunal, we received a letter to say the appeal has now lapsed since a more favourable decision was made - higher rate for both.
My understanding is that if you win at tribunal, a new claim, instead of a review, has to be made. PIP sent a letter asking us to make a new claim. But I wonder whether this is justified if it lapsed due to DWP changing their decision and it should just be a review?
And either way, what would be the best way to try and get this done on the first go - the claimant is in a worse situation than at the time and evidence is aplenty. I'm prepared to put the time and type what is needed to avoid the drawn out process of appeals again and potential financial burden. What. I did for the appeal was to look at every word of the assessor reports/DM decision and compile a document arguing each point with references to evidence. It look me days but clearly was effective.
The current award has about 3 months left.
Thank you!
Wish I found this place years ago!
I've helped someone with their PIP for many years and its always been a hard fought battle of 100s of pages each time. In 2019, a new PIP claim was made (the 3rd consecutive one). Standard rate was awarded for both components. We appealed and DWP sent a letter out to say they have looked at the new evidence and "your appeal will not continue". From Tribunal, we received a letter to say the appeal has now lapsed since a more favourable decision was made - higher rate for both.
My understanding is that if you win at tribunal, a new claim, instead of a review, has to be made. PIP sent a letter asking us to make a new claim. But I wonder whether this is justified if it lapsed due to DWP changing their decision and it should just be a review?
And either way, what would be the best way to try and get this done on the first go - the claimant is in a worse situation than at the time and evidence is aplenty. I'm prepared to put the time and type what is needed to avoid the drawn out process of appeals again and potential financial burden. What. I did for the appeal was to look at every word of the assessor reports/DM decision and compile a document arguing each point with references to evidence. It look me days but clearly was effective.
The current award has about 3 months left.
Thank you!
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- Gary
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2 years 2 months ago #274525 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP new claim after lapsed tribunal award
Hi Ayden64
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
If you win at a tribunal there is usually an end date for the award, therefore you need to contact DWP 3 - 6 months before the award ends to make a new claim. I have known claimants who win at a tribunal to be sent a review form but this is not the norm.
If you kept a copy of the claims form you completed, then use that as a template and make any adjustments as necessary. If you did a submission to the tribunal then use that rather than the original claims form.
I would include a copy of the decision makers letter showing a higher rate for both components, especially if their condition has now worsen.
There is a massive backlog with claims forms, don't forget to send it by recorded delivery.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
If you win at a tribunal there is usually an end date for the award, therefore you need to contact DWP 3 - 6 months before the award ends to make a new claim. I have known claimants who win at a tribunal to be sent a review form but this is not the norm.
If you kept a copy of the claims form you completed, then use that as a template and make any adjustments as necessary. If you did a submission to the tribunal then use that rather than the original claims form.
I would include a copy of the decision makers letter showing a higher rate for both components, especially if their condition has now worsen.
There is a massive backlog with claims forms, don't forget to send it by recorded delivery.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ayden64
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2 years 2 months ago #274542 by Ayden64
Replied by Ayden64 on topic PIP new claim after lapsed tribunal award
Hi Gary,
Thank you for getting back to me and my apologies for the double post.
The tribunal didn't actually make the decision. We started the appeal but DWP changed their decision so the tribunal claim lapsed and did not go ahead. The decision comes from DWP rather than tribunal. The case was closed before being heard.
Hence, we are wondering if they should have sent a review form instead of a new claim? I just can't find the relevant legislation which covers this.
With their being a backlog, the worry is being stuck with a period of time with no payments as the previous award may end before a decision is made. Plus the motability car.
Thank you for getting back to me and my apologies for the double post.
The tribunal didn't actually make the decision. We started the appeal but DWP changed their decision so the tribunal claim lapsed and did not go ahead. The decision comes from DWP rather than tribunal. The case was closed before being heard.
Hence, we are wondering if they should have sent a review form instead of a new claim? I just can't find the relevant legislation which covers this.
With their being a backlog, the worry is being stuck with a period of time with no payments as the previous award may end before a decision is made. Plus the motability car.
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- Gary
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2 years 2 months ago #274564 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP new claim after lapsed tribunal award
Hi Ayden64
We hear mixed messages from forum members.
I also come across claimants who have won their claim at an appeal and are still sent a review form.
If you are coming near to the end of your claim, I would phone PIP and ask for a renewal form, they may send you one or they may say to you, you need to make a new claim, in which case make a new claim.
Gary
We hear mixed messages from forum members.
I also come across claimants who have won their claim at an appeal and are still sent a review form.
If you are coming near to the end of your claim, I would phone PIP and ask for a renewal form, they may send you one or they may say to you, you need to make a new claim, in which case make a new claim.
Gary
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- Ayden64
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2 years 2 months ago #274577 by Ayden64
Replied by Ayden64 on topic PIP new claim after lapsed tribunal award
Thanks Gary,
Got on the phone with them and they insist it must be a new claim as the current claim has an "end date" and there was an appeal even though tribunals didn't make a decision.
So at this point, I need to prepare everything. Should I send the pack we sued for the appeal as well or just start again with the minimum needed and bring them up at MR should it arise? I think the assessor will try to find new things to poke at should I send in everything now.
Got on the phone with them and they insist it must be a new claim as the current claim has an "end date" and there was an appeal even though tribunals didn't make a decision.
So at this point, I need to prepare everything. Should I send the pack we sued for the appeal as well or just start again with the minimum needed and bring them up at MR should it arise? I think the assessor will try to find new things to poke at should I send in everything now.
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- BIS
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2 years 2 months ago #274592 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP new claim after lapsed tribunal award
Hi Ayden64
As you have to make a new claim, you need to send everything you have and act as if this is the first time you have claimed. The people reading it will be different and don't assume they know anything.
BIS
As you have to make a new claim, you need to send everything you have and act as if this is the first time you have claimed. The people reading it will be different and don't assume they know anything.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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