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PIP new claim after lapsed tribunal appeal
- Ayden64
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2 years 9 months ago #274518 by Ayden64
PIP new claim after lapsed tribunal appeal was created by Ayden64
Hello!
Wish I found this place years ago!
I've helped someone with their PIP for many years and its always been a hard fought battle of 100s of pages each time. In 2019, a new PIP claim was made (the 3rd consecutive one). Standard rate was awarded for both components. We appealed and DWP sent a letter out to say they have looked at the new evidence and "your appeal will not continue". From Tribunal, we received a letter to say the appeal has now lapsed since a more favourable decision was made - higher rate for both.
My understanding is that if you win at tribunal, a new claim, instead of a review, has to be made. PIP sent a letter asking us to make a new claim. But I wonder whether this is justified if it lapsed due to DWP changing their decision and it should just be a review?
And either way, what would be the best way to try and get this done on the first go - the claimant is in a worse situation than at the time and evidence is aplenty. I'm prepared to put the time and type what is needed to avoid the drawn out process of appeals again and potential financial burden. What. I did for the appeal was to look at every word of the assessor reports/DM decision and compile a document arguing each point with references to evidence. It look me days but clearly was effective.
The current award has about 3 months left.
Wish I found this place years ago!
I've helped someone with their PIP for many years and its always been a hard fought battle of 100s of pages each time. In 2019, a new PIP claim was made (the 3rd consecutive one). Standard rate was awarded for both components. We appealed and DWP sent a letter out to say they have looked at the new evidence and "your appeal will not continue". From Tribunal, we received a letter to say the appeal has now lapsed since a more favourable decision was made - higher rate for both.
My understanding is that if you win at tribunal, a new claim, instead of a review, has to be made. PIP sent a letter asking us to make a new claim. But I wonder whether this is justified if it lapsed due to DWP changing their decision and it should just be a review?
And either way, what would be the best way to try and get this done on the first go - the claimant is in a worse situation than at the time and evidence is aplenty. I'm prepared to put the time and type what is needed to avoid the drawn out process of appeals again and potential financial burden. What. I did for the appeal was to look at every word of the assessor reports/DM decision and compile a document arguing each point with references to evidence. It look me days but clearly was effective.
The current award has about 3 months left.
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- latetrain
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2 years 9 months ago #274526 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic PIP new claim after lapsed tribunal appeal
Hi Ayden64
I have answered this question in your previous post.
www.benefitsandwork.co.uk/kunena/10-dla-...ribunal-award#274519
Gary
I have answered this question in your previous post.
www.benefitsandwork.co.uk/kunena/10-dla-...ribunal-award#274519
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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