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After the PIP appeal ...
- alisp
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5 years 5 months ago #241355 by alisp
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After the PIP appeal ... was created by alisp
Okay, this is what I wrote which appears to have vanished into the ether, so I'm trying again:
So, what are your options post-PIP appeal?
If you've got what you'd hoped for, or highest rate in everything, of course you leave it as it is and thank your lucky stars, or something, and look forward to all the back pay.
If you've got zero points - assuming the tribunal didn't downgrade you, since they generally seem to warn you off continuing if that is the case - you don't get any back pay, but presumably you can just start again with a new PIP application.
However, what if you fall in between these two extremes? What are your options - and the potential results - if say you get less than you hope for/believe you are due at tribunal?
- You've got a certain amount due in back pay, which you should get sooner or later if the DWP don't re-appeal - what then? Do you start a new PIP application - maybe with new/better evidence - in the hope of getting a better award (Gordon has I think said elsewhere that you can't do this once you reach pension age unless you can prove that the condition existed/had worsened before that date)? If so, what happens to the award you *have* got? Does it get suspended until the new award is decided? Assuming that it will go through MR and appeal again, will the tribunal give you a warning if it looks likely that you'll end up worse off than you are with the current award?
- Alternatively, there might be the Upper Tier Tribunal route, if you think you have justifiable grounds for going that way. Can *you* object to the award you've now been given on a point of law? What happens if you do so? Does your award get suspended for the duration? Can you end up losing the award you've already got?!
I think those are the only options, but my mind is boggling like crazy now I've started thinking about this ...
So, what are your options post-PIP appeal?
If you've got what you'd hoped for, or highest rate in everything, of course you leave it as it is and thank your lucky stars, or something, and look forward to all the back pay.
If you've got zero points - assuming the tribunal didn't downgrade you, since they generally seem to warn you off continuing if that is the case - you don't get any back pay, but presumably you can just start again with a new PIP application.
However, what if you fall in between these two extremes? What are your options - and the potential results - if say you get less than you hope for/believe you are due at tribunal?
- You've got a certain amount due in back pay, which you should get sooner or later if the DWP don't re-appeal - what then? Do you start a new PIP application - maybe with new/better evidence - in the hope of getting a better award (Gordon has I think said elsewhere that you can't do this once you reach pension age unless you can prove that the condition existed/had worsened before that date)? If so, what happens to the award you *have* got? Does it get suspended until the new award is decided? Assuming that it will go through MR and appeal again, will the tribunal give you a warning if it looks likely that you'll end up worse off than you are with the current award?
- Alternatively, there might be the Upper Tier Tribunal route, if you think you have justifiable grounds for going that way. Can *you* object to the award you've now been given on a point of law? What happens if you do so? Does your award get suspended for the duration? Can you end up losing the award you've already got?!
I think those are the only options, but my mind is boggling like crazy now I've started thinking about this ...
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5 years 5 months ago #241358 by BIS
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Replied by BIS on topic After the PIP appeal ...
Hi alisp
1. If you get less than you hoped for from the First Tier Tribunal - you can only appeal if there has been an error in the law regarding their decision. That could be an error they missed by the DWP or an error the panel themselves made. If you an award in place this would continue to be paid while your case goes to the Upper Tribunal. If your payments have already been stopped - nothing will be paid until the appeal process is over.
2. Assuming you still have an award of some sort- if you disagree with the final decision you could contact the DWP with a change of circumstances that would trigger a new assessment and you could submit new evidence. You would be paid the award while this happened and you would get any back-pay that was awarded. And if they rejected the change of circumstances you could go through the MR and PIP appeal process as before.
I would try not to focus on the different variables until you are in a position - then it is far clearer what you need to do.
BIS
1. If you get less than you hoped for from the First Tier Tribunal - you can only appeal if there has been an error in the law regarding their decision. That could be an error they missed by the DWP or an error the panel themselves made. If you an award in place this would continue to be paid while your case goes to the Upper Tribunal. If your payments have already been stopped - nothing will be paid until the appeal process is over.
2. Assuming you still have an award of some sort- if you disagree with the final decision you could contact the DWP with a change of circumstances that would trigger a new assessment and you could submit new evidence. You would be paid the award while this happened and you would get any back-pay that was awarded. And if they rejected the change of circumstances you could go through the MR and PIP appeal process as before.
I would try not to focus on the different variables until you are in a position - then it is far clearer what you need to do.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #241429 by alisp
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Replied by alisp on topic After the PIP appeal ...
Thanks, BIS. I may have to wait another couple of weeks before the situation becomes clear, which will put us shortly before Christmas, which would potentially make it difficult getting things in in time, hence why I was thinking about it now. Still, I suppose Christmas and New Year getting in the way would have to be seen as a valid reason for being late in responding. I suppose the DWP *do* work between Christmas and New Year?
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5 years 5 months ago #241435 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic After the PIP appeal ...
Hi Alisp
Yes - the DWP do work between Christmas and New Year.
BIS
Yes - the DWP do work between Christmas and New Year.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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