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Can anyone help/shed light...DWP obliterate previous months decisive Trib

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1 week 5 days ago #310090 by Fy7
LL26,

I wanted to update you.

I took your advice and emailed the tribunal, mentioning all the things you suggested.

I have an email response already saying it has been sent to the judiciary who will respond in due course.
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1 week 3 days ago - 1 week 3 days ago #310144 by LL26
Hi FY7, You have rattled cages. Your appeal should hopefully now begin to progress. (As a side note, sometimes cases get forgotten about and a gentle or not so gentle nudge is required to move them along!) The law concerning Supersessions is complicated. Perhaps I can give an example. Enhanced PIP Award is from 1st Jan 2022 until 31st Dec 2025. DWP send out review letter on 1st July 2025. They ask for it to be returned by 1st Nov 2025. DWP decide - 15th December 2025 and benefit is reduced to standard award. FY7 case Is not a Supersession, benefit is changed and it is a new decision made within the validity of an existing award period. Supersession rules therefore apply. I have had another think about this. The first claim is closed therefore albeit no gap is a second and different claim However whilst it may not legally be a Supersession it is akin to one. It seems that you were incorrectly advised to make a second claim, and hence closing the first. In reality, there was no need for you to make the second claim. So New claim you need to prove, however you can cite the Tribunal ruling and say that the only reason for the new claim is incorrect advice, and DWP can't just ignore this. This is very compelling evidence for you You may wish to read this case. assets.publishing.service.gov.uk/media/5...PIP_2261_2018-00.pdf I hope this helps. LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 week 3 days ago by LL26. Reason: Incorrect advice

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1 week 2 days ago #310176 by Fy7
Good morning, LL26, your knowledge and advice is remarkable and very much appreciated by myself and my family.

Update:

Yesterday (2 days after sending HMCTS request for Direction to be sent to DWP) I had several phone calls attempted by DWP appeals staff with a voicemail being left urging me to call them and saying they will call again today (Saturday!)
The message says that new paperwork is in the post to me and they want to tell me about the “outcome “ of my appeal. Additionally the automated enquiry line is now stating my next pip payment is that equating to enhanced in both components over 4 eeeks.

I am not assuming anything. I shall wait for the paperwork. If the best outcome is achieved, I shall begin my complaint.

Kindest regards
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1 week 2 days ago #310178 by Fy7
In response to your rather amusing but likely accurate comment about me “rattling DWP’s cages, I was taught the saying “Fool me once; more fool you, fool me twice; more fool me”- as a very young child. It has served me well.
In all seriousness, I remain utterly appalled at the abysmal treatment I have received over 2 and a half years of unnecessarily protracted dispute. It is clear that claimants with hidden sensory conditions, like mine, will most likely be denied the support they are entitled to. That is unforgivable.
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1 week 1 day ago - 1 week 1 day ago #310209 by LL26
Hi FY7, I totally agree with you. Just keep rattling the cages! And in fairness it does seemed to have worked. I don't think it's just DWP - I was involved in a personal legal matter for my mother. The court lost the papers twice....
It is exceedingly frustrating but eventually you can get these things sorted!

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 week 1 day ago by LL26.
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1 week 1 day ago #310210 by LL26
Hi FY7,
There have been a number of times when claimants cases have been subject to delays. I often get this type of response ' oh yes, no worries, that went out yesterday...' One might call me a cynic, but....
However, sometimes paperwork is mislaid or wrongly filed. Unless a clerk actively looks for it, papers just fester without attention probably forever. This is why it is important to chase things. 'Rattling cages.' Which is why things were also conveniently done 'yesterday'. But the crucial thing for yourself and others in a similar situation is to keep at it. Persistence pays off, and it genuinely appears that you may have finally achieved the correct outcome.
I do hope so. My fingers will be temporarily crossed and then back rattling the cages....
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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