I reapplied for pip whilst waiting for my appeal but didn't go to the assessment in the end so they disallowed the "new claim" & now they telling me they'll only award my appeal rate up until the date of my "new claim" decision. How can this be right if they've been told to award me from and until a different date by the tribunal for my original claim?
That's probably because its as though you have excepted their decision to not award you anything and started a new claim, Denise will either confirm this or explain why what I have told you is incorrect.
Did you not wait for your decision before you reapplyed
I reread your post, your appeal was going through or you didn't turn up for your assessment
I was waiting for my appeal date & was scared of the tribunal not awarding me when I put the "new claim" in. Then as the appeal date approached my confidence grew and foolishly thought that I didn't need to attend this new assessment. Its now after 3 phone calls to PIP that they tell me they're not going to pay me full amount set out by the tribunal. I feel betrayed and left in the dark.
I was waiting for my appeal date & was scared of the tribunal not awarding me when I put the "new claim" in. Then as the appeal date approached my confidence grew and foolishly thought that I didn't need to attend this new assessment. Its now after 3 phone calls to PIP that they tell me they're not going to pay me full amount set out by the tribunal. I feel betrayed and left in the dark.
You have basically overidden your first application with another one, this means I think you have forfeited the original application and even worse you didn't attend the assessment or was it the appeal you didn't attend
Urgh, that's what I thought. I went to the appeal just not the new assessment. So my best bet then really is to start again from scratch as if I hadn't applied in the first place. Kind of wish they made it clear that if you start a new claim & the outcomes, it would affect any other claim for that benefit. Didn't even know this when I worked for ESA!!
Yes indeed, because you started a new claim any new decision will over rule the Tribunal decision. As you didn't attend the assessment, your file was returned to the DWP and you were refused PIP. Your back dated money will only be paid up until the new decision.
It's not up to the DWP to tell you what would happen if you started a new claim before the Tribunal. The onus is on the claimant to find out for sure if it will affect any Tribunal decision.
If in future you're unsure of anything then i'd advice you to either ring your local CAB or post a question on a benefits forum like this one. There's always someone that will answer any questions you're unsure of.
Thanks Alexandria, spot on again. Sorry haven't been around but a little stressed out the last few days. Hope you're well.
I'm glad I was right, but in a way wished I hadn't been for Lozzies sake, checking that the way your going is the best thing to do before you do anything drastic is the way to go, ask and if in doubt ask again.
Trouble with DWP is theirs no
U-turns
Sorry your struggling Denise PM
The Tribunal would have no idea that you started a new claim.
Your only choice now is to re-apply. Ring the PIP help line to start your claim, make sure you send all of the evidence with the form. Have an extension of 14 days to return the form, if needed. Attend the assessment and wait for the decision. This could be a very long battle for you, if you have to take the appeal route again. Tribunal waiting times are just getting longer and longer.
Always remember that the Tribunal are totally independent to DWP and the assessment providers. They are fare and will listen to what you have to say. 70% of those who appear in person have a decision in their favour. Re-apply still wouldn't mean you'd have a decision in your favour, people have done this and still been refused.
Good luck and if you need help please do ring your local CAB or google for a disability advise centre near you.
Many thanks to you both for your input & advice. I now know what NOT to do lol. At least I'll get something from my original claim. I shouldn't have doubted myself or the tribunal. Thanks again ❤
Hi. Did you get a better offer from the tribunal than you originally had? or re-instated back to same? Either way, while the ink is still wet, send in the tribunals decision for the new claim.
I might be a bit premature in my celebrations, but I just had a call from the Case Manager & he advised me that the appeal decision is being upheld dispite me being dumb and they WILL be paying me until 2020. He also advised me that I should have a letter in the next few days & to expect some money in my account by the end of the week & that he will cancel my new claim that I put in a few days ago. If I don't recieve anything in the next few days then I'm to call back & ask for him to contact me again.
Its been such a rollercoaster (mainly because I'm dumb) but it seems, at this point in time, its all worked out. I'll post again when I know more.
Thanks guys. Hope you're having a good Monday too ❤
That's great news! You were very lucky!
I would still advice you to ring PIP tomorrow to make sure that the new PIP claim has been canceled. If it isn't then you could still receive that form again and if you receive that you will have to fill it out and return it. Any decision from that will 100% over rule the Tribunal decision.
Thats my plan Denise. I'm hoping the form doesn't show up tomorrow but its only been a few days anyway & he made a point of telling me he would cancel it.
I'm cautiously optimistic but st the same time so relieved ❤
It most likely won't arrive tomorrow. I'm slightly more hopeful because it was a case manager you spoke to. I'm very happy for you but optimistic slightly too.
Out of curiosity when was your Tribunal hearing?
The tribunal was on 18th of April. So it will be 4 weeks on wednesday. But this had been going on for over a year now. Can't wait until its done and dusted?!
What's happened is they most likely asked for the Statement Of Reasons. A Case Manager has taken a look and with held the decision. It's really great news and i'm sure that you wouldn't have had the call today if it wasn't true. Just goes to prove that you really shouldn't give up!
Now my anxiety is kicking in, trying to tell me that he was lying or misinformed me. But I'll double check tomorrow... Argh I thought I might be able to sleep well tonight 😐
I really hope you slept well because i really don't think you have anything to worry about. The reason why i asked when the Tribunal hearing was, was because my thoughts to begin with was that they'd asked for the Statement of reasons. They then probably looked at your last assessment and thought with all the evidence that you gave, they went with the Tribunal. You may have your backdated money in your bank on Thursday.