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PIP claim whilst appealing DLA
- teabag
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12 years 1 week ago - 12 years 1 week ago #103645 by teabag
PIP claim whilst appealing DLA was created by teabag
Hi I've been turned down DLA after reconsideration on speaking to my Local DLA office I've been told I can appeal which could take up to a year but in the mean time I could apply for PIP in June then if I won my appeal for DLA this would run from the time I applied for it until if I qualified for PIP if I do.
Do u think this is correct I thought I would have to drop my appeal and then apply for PIP
Do u think this is correct I thought I would have to drop my appeal and then apply for PIP
Last edit: 12 years 1 week ago by .
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12 years 1 week ago - 12 years 1 week ago #103647 by
Hi tb,
You could indeed wait until June, and then make a fresh application for PIP. Likewise, you could make a new claim for DLA before June.
However, you should be aware that any decision made by the Tribunal regarding the adverse DLA decision that you have appealed, would only run until the date of any decision made as a result of the fresh claim that you have made.
As you may know, some of a qualifying PIP criteria are much harder to qualify under, than the DLA ones.
PIP Claims Guide. (Top Link on page)
PIP information including PIP Self-Test
PIP Topic Thread in Spotlight Area
bro58
Replied by on topic PIP claim whilst appealing DLA
teabag wrote: Hi I've been turned down DLA after reconsideration on speaking to my Local DLA office I've been told I can appeal which could take up to a year but in the mean time I could apply for PIP in June then if I won my appeal for DLA this would run from the time I applied for it until if I qualified for PIP if I do.
Do u think this is correct I thought I would have to drop my appeal and then apply for PIP
Hi tb,
You could indeed wait until June, and then make a fresh application for PIP. Likewise, you could make a new claim for DLA before June.
However, you should be aware that any decision made by the Tribunal regarding the adverse DLA decision that you have appealed, would only run until the date of any decision made as a result of the fresh claim that you have made.
As you may know, some of a qualifying PIP criteria are much harder to qualify under, than the DLA ones.
PIP Claims Guide. (Top Link on page)
PIP information including PIP Self-Test
PIP Topic Thread in Spotlight Area
bro58
Last edit: 12 years 1 week ago by .
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12 years 1 week ago - 12 years 1 week ago #103649 by
Replied by on topic PIP claim whilst appealing DLA
Hi tb,
To answer your question.
You do not have to drop your appeal to make a fresh claim for PIP or DLA.
Taking into account the comments in my previous post.
bro58
To answer your question.
You do not have to drop your appeal to make a fresh claim for PIP or DLA.
Taking into account the comments in my previous post.
bro58
Last edit: 12 years 1 week ago by .
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- teabag
- Topic Author
12 years 1 week ago - 12 years 1 week ago #103778 by teabag
Replied by teabag on topic PIP claim whilst appealing DLA
Hi thanks for the info.
On phoning DLA office to see if they could translate what they're doctor has written it appears she's stated that if I took medication (which I have already explained that I cant take due to side effects) and had CBT (which I have had which hasn't worked) and that I don't qualify for DLA.
Any suggestions where I go with this? on appeal or come to that if I apply for PIP
Getting worried that I might put My ESA which i'm in support group at risk.
On phoning DLA office to see if they could translate what they're doctor has written it appears she's stated that if I took medication (which I have already explained that I cant take due to side effects) and had CBT (which I have had which hasn't worked) and that I don't qualify for DLA.
Any suggestions where I go with this? on appeal or come to that if I apply for PIP
Getting worried that I might put My ESA which i'm in support group at risk.
Last edit: 12 years 1 week ago by Gordon.
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- Gordon
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12 years 1 week ago #103783 by Gordon
Whilst I believe that the Decision Maker is entitled to make assumptions about your health if you were to take medication and/or receive treatment, they must still show that it is reasonable for you do to do so, so if you are affected by your medication, this should be taken into account.
As to the CBT, I think that the "guaranteed" results of this treatment are even less clear than your medication.
However, the bottom line is that these are matters that can only be argued at an appeal hearing.
I am afraid we cannot recommend what you should do in this situation, only you can make the decision to appeal, apply for DLA, apply for PIP after June, or any combination of the former.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP claim whilst appealing DLA
teabag wrote: Hi thanks for the info.
On phoning DLA office to see if they could translate what they're doctor has written it appears she's stated that if I took medication (which I have already explained that I cant take due to side effects) and had CBT (which I have had which hasn't worked) and that I don't qualify for DLA.
Any suggestions where I go with this? on appeal or come to that if I apply for PIP
Getting worried that I might put My ESA which i'm in support group at risk.
Whilst I believe that the Decision Maker is entitled to make assumptions about your health if you were to take medication and/or receive treatment, they must still show that it is reasonable for you do to do so, so if you are affected by your medication, this should be taken into account.
As to the CBT, I think that the "guaranteed" results of this treatment are even less clear than your medication.
However, the bottom line is that these are matters that can only be argued at an appeal hearing.
I am afraid we cannot recommend what you should do in this situation, only you can make the decision to appeal, apply for DLA, apply for PIP after June, or any combination of the former.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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