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Started new claim, now tribunal on other came thro

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6 years 11 months ago #187829 by 741tan
I think this has been answered before but can't find it on here! Basically i applied for PIP in August 2016, got refused, had MR, that got refused too. So decided to go to a tribunal. Didnt hear anything for ages so decided to start a new claim up in March this year again as my circumstances have changed health wise and i lost my job. They sent the PIP2 form out again and i started to complete it.

Roll on today and my original tribunal date has been set for 12/05!! What do i do!? Will I have to close the new claim and concentrate on the tribunal or do i do them both coinciding each other. If i do close the fresh claim does that void my tribunal and potential backpack if i win?? I'm stuck on the middle hear i don't want to throw away the best part of 10 months because of this.

If i cancel the fresh claim will all claims be stopped? If i win my tribunal alonfsise the fresh claim will i have to pursue the fresh claim? And IF that one fails what happens then!?! My head is a mess, please someone help! Thanks

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6 years 11 months ago #187887 by Gordon
741tan

The two claims will be treated as separate, your problem will be if the Tribunal makes a higher award than the new claim, although you will be paid on the Tribunal award, the result of the new claim will apply from the date that you made the new claim and will carry forward.

You can close the new claim and see what the Tribunal result is or you can withdraw the appeal but you will obviously not then receive any back payment, or you can leave both running and see what happens.

Gordon

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

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6 years 11 months ago #187962 by 741tan
So just confirming i can close my fresh application for PIP and then go to the tribunal and it won't be affected? I feel as though I've jeaporised the whole process by opening a new claim whilst one was going to appeal!

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6 years 11 months ago - 6 years 11 months ago #187971 by slugsta
The new claim will not affect the Tribunal - whether you cancel it or continue.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 11 months ago by slugsta.

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