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4 years 11 months ago #229926 by Gordon
Replied by Gordon on topic PIP Appeal
Chris

From what I see on the forum the decision to go with the SSCS1 seems to be down to how much information has already been supplied originally and in the MR and secondly how mentally prepared the person is to deal with the rest of the process.

Gordon

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

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4 years 11 months ago #229942 by Chris
Replied by Chris on topic PIP Appeal
Gordon,

Do you know if some people on the forum choose to 'abandon' the appeal route and choose to apply for a new claim instead? Would you have any advice around that? (I have posted before, and the main issue was that I'd lose the award from the date it had stopped to the day of the new claim)

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4 years 11 months ago #229966 by Gordon
Replied by Gordon on topic PIP Appeal
Chris

Some members have, primarily because they felt they had not done a very good job of explaining their problems on the original PIP2.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris

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4 years 10 months ago #230845 by Chris
Replied by Chris on topic PIP Appeal
Gordon,

1) If the tribunal awarded a lower PIP than what I currently have, does it mean I'd have to pay the money back to the DWP from the date I appeal from?

2) But if it's increased, I get a backpay?

3) As my symptoms have considerably worsened over the last few months, I have now filed a change of circumstances claim. Can the old claim and tribunal decision affect in anyway, negatively, my new claim?

4) If I hear from the tribunal, and it is good news, before my change of circumstances for worse symptoms claim has been decided, is it possible to withdraw the new claim, and save everyone from having to administer that new claim (and me, save a few grey hair).

Thank you
Chris

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4 years 10 months ago #230864 by Gordon
Replied by Gordon on topic PIP Appeal
Chris

1. If the panel is considering making a lower award then the Judge must warn you of this and give you an opportunity to withdraw your appeal. You would not be required to pay back any overpayment if a reduced award was made.

2. If the award is increased then you will receive back payment of the difference between what you have received and the new award from the date of the Decision that you appealed. See (3)

3. If you have reported a Change of Circumstances to the DWP then this will result in a new Decision on your claim being made. This new Decision will limit any award made by the Tribunal panel but you do have a new right of appeal if the new award is lower than that made by the Tribunal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris

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4 years 10 months ago #231067 by Chris
Replied by Chris on topic New PIP claim
The forms I received following change of circumstance/worsening of symptoms, are identical it seems to a normal new claim form.

I had a quick look through out and there doesn't appear to be specific questions about how my symptoms have worsened, just standard questions.

So shall I fill the form as if it was a new claim by giving full details of how I meet the descriptors and provide all evidence?

Or do i need to specifically show how my symptoms worsened compared to 6 months ago - by doing a comparison of symptoms between then and now and getting evidence that actually state 'this is how his symptoms worsened since Jan 19 etc...'?

Will someone actually compare and contrast my symptoms now with my symptoms 6 months ago, or will they just score descriptors if I meet them?
Thank you

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