Please could you advise us, we have been helping our friend after he was refused pip in June and we then applied to appeal. Unknown to us our friend started another claim for pip in November as he is not mentally all there. We filled out the form and now have a date for the new assessment for 2 March, and his appeal date from his first claim has arrived and it's on the 15 March. We are thinking that we could rearrange his assessment date to the end of March, by which time the outcome of his appeal is known. If he wins his appeal we would cancel this new assessment, if he loses then we can still the new assessment. Sorry we are at a loss as to what to do? Thank you Gordon.
There is no good answer to this, the law allows a number of options and it will be dependant on the DWP as to what they might do.
The best case is that you are able to do what you have suggested.
Worst case is that the DWP treat any cancellation of the new claim as a desire to close any PIP claim as of that date!
What we do not have is any experice of this situation as you suggesting we might do. We have seen the new claim/appeal scenario and from a legal standpoint any Decision from the new claim sipersedes any made at the Tribunal.
As a starting point I would ring the Tribunal Service and find out what the waiting time are for his venue, that way you will have some understanding of his options.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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