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PIP reassessment prior to appeal hearing

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5 years 7 months ago #237699 by Helen
I was awarded lower rate mobility for Mental health condition and during the assessment phase, the government decided to drop the court case about discrimination on MH conditions. My decision notice was made after they dropped the court case. I phoned and asked the DWP, they said it would be reviewed with all the other 160,000 claimants affected and they had not yet been instructed to apply the new rules.

As this directly applys to me, I went to tribunal as I believe I should get the high rate for mobility. I am still waiting for the tribunal, I think it is now about 80 weeks waiting.

I am just having a reassessment for PIP (the award was until Jan 2020, so a normal review time).

Should the DWP do a reassessment while a tribunal is still outstanding?

If the DWP do the review does the tribual still go ahead and does it supersede the DWP decision?

If at the review the DWP award the enhanced rate does it get backdated to the start of my pip claim (2018) as it would if it was awarded at tribunal?

If they don't award me the enhanced mobility, do I do another tribunal appeal? so 2 apeals at one time for the same benefit?

Sorry for the long message and all the questions. I would be grateful if you could offer any advice. Thank you so much.

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5 years 7 months ago #237753 by Gordon
Replied by Gordon on topic PIP reassessment prior to appeal hearing
Helen

Your current award ends in January of next year, as you have said this is the normal review time, the Tribunal does not change this.

The Tribunal is re-making the previous Decision it does not have any direct effect on the new Decision which will result from this review, even if the Tribunal Decision is made later.

If a higher award is made following the review then it will apply from the date that the Decision is made, it will not be backdated.

The new Decision will create a new right of appeal, so yes, you could have two appeals running at the same time.

Gordon

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5 years 7 months ago #237761 by Helen
Replied by Helen on topic PIP reassessment prior to appeal hearing
Thank you for the clarity. I appreciate you taking time to look into this for me. Thank you

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5 years 3 months ago #243691 by Helen
Replied by Helen on topic PIP reassessment prior to appeal hearing
Hi

Thought I would update for anyone who is interested.

So I didn’t do a second tribunal as I just couldn’t face the stress of doing another one, but it turns out I didn’t need to.

I won my appeal, but on the daily living, not the mobility. The tribunal was after my reassessment (where the award was for standard mobility and standard daily living).

The tribunal awarded enhanced Daily living and standard Mobility and they extended the length of the award.

Once again thank you for all the advice and reassurance your site provides to the desperate and disheartened.

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5 years 3 months ago #243698 by Gary
Replied by Gary on topic PIP reassessment prior to appeal hearing
Hi Helen

That really is terrific news, congratulations and well done, you can now have a well deserved rest. Thank you for letting the forum know.

Gary

Tags: @RESULT @PIP@APPEAL

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