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PIP MR
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1 year 5 months ago #289087 by PG
PIP MR was created by PG
After 13 months I’ve been contacted at 45mins notice by telephone to discuss my MR pending decision. The DWP representative was trying to talk me into withdrawing my MR and reapplying due to my condition worsening since the assessment. He argued that this would be better than a tribunal on the grounds he hinted he could not award me anything on the pre assessment information they hold. This is despite me recently winning a decision at a LCWRA tribunal from 6 up to 24 points and full award. I have forwarded this information on to the PIP.
I think I am being misled and would stand a good chance at a tribunal also with a new claim I would not get any amount backdated.
Do you agree I should ask for a Tribunal.
Thanks PG
I think I am being misled and would stand a good chance at a tribunal also with a new claim I would not get any amount backdated.
Do you agree I should ask for a Tribunal.
Thanks PG
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1 year 5 months ago #289091 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR
PG
If your limitations have changed since the Decision was made then this change would be legally excluded from any appeal that you might make.
You can only appeal based on how you were when the Decision was made, so, you will have to decide what is the better option for you.
You can appeal and make a new claim but doing this will create what is called a Closed Decision in regard to the Tribunal, this means that whatever Decision the panel reaches it will only be in effect until the date of the new claim, after this the Decision from the new claim will be used.
Gordon
If your limitations have changed since the Decision was made then this change would be legally excluded from any appeal that you might make.
You can only appeal based on how you were when the Decision was made, so, you will have to decide what is the better option for you.
You can appeal and make a new claim but doing this will create what is called a Closed Decision in regard to the Tribunal, this means that whatever Decision the panel reaches it will only be in effect until the date of the new claim, after this the Decision from the new claim will be used.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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