Belittled and Humiliated by Tribunal Judge

Hello Christine,

You are right your client can make a new claim now. The two claims will run in tandem, both taking their own course. The result claim which is currently being appealed will apply from the date that first claim was made, but that will be replaced by the result of the second claim when that is made. If you get a favourable outcome to the appeal you can of course submit that as additional evidence for the second claim.

Cahterine

Hi Christine,
To avoid possible confusion. If you make a new claim, whilst still appealing the first this is what will happen if you succeed at both cases.
Claim 1 will get back dated to the date of claim or when the review date was. (Note that this is not necessarily the decision date.) Claim 1 is what is called a closed claim. It will run until the date you make Claim 2.
Claim 2 starts on the day you make the second claim, so if there is a delay in the decision and or payment, it will only get paid to the back start date. Payments will then be made according to the award period.
The two claims are never really in tandem. If the second claim gets decided before the first claim, the first will end at the new claim start date. If claim 1 is dealt with before claim 2 and has sufficient forward date to run to, then unless the second claim is based in a change of circumstances which would give a greater award, then the second can be withdrawn. If you can get a greater award keep with the second claim, and then the lesser amount of claim 1 will stop.The higher amount of claim 2 will then commence from when claim 2 is made. You can ask for DWP to revise (supersede) the amount payable on claim 1, but depending how far you have gone with claim 2 it's probably just easier to stick with the second claim rather go for the supersession!
I hope this makes sense. It is very complicated, which is why unless there are serious delays finalising claim 1, or there is uncertainty as to whether claim 1 will succeed, just don't have 2 claims ongoing.DWP will struggle to understand, and that runs the risk that neither claim is paid correctly and in a timely way!
If you want to get an extension done on your house you would employ one set of builders. I doubt you would employ 2 sets and let them sort it out amongst themselves as to who would do what and who was in charge! It might work but there is much scope for it to all go wrong ! If the first set wasn't a problem, you wouldn't need the second set. If the first set was causing a problem, you would want to bring that hiring to an end before getting the second set in. PIP claims should be no different!
Hope this now makes sense!
LL26