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PIP - New claim after lapsed tribunal award

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Melanie48
Melanie48 Community member Posts: 5 Listener
edited June 2023 in PIP, DLA, and AA
Dear All

I won a PIP tribunal for one year
March 2020-March 2021.  It took so long that it timed out with the tribunal.  I said they should award me for 2 years as I said I had arthritis in both knees and the other one needed doing like the first one but the judge only gave me 1 year.  Also,  they didn’t accept my mental health claims. I didn’t reapply for PIP straight afterwards as I couldn’t be bothered to go through all of that again.  
Now my left knee is worse and I have reapplied in March 2023. I have further evidence for physical and mental issues.  I have had the telephone assessment and am now waiting to see if they award me.  My question is, is this recent claim treated as a new claim?  Should I have received monies for the 2 absent years from March 2021 - March 2023?  Is there any chance of this legally?    I didn’t receive any paperwork from the DWP telling me to reapply.  I hope they don’t make me go through the MR and tribunal again for this claim.

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,201 Disability Gamechanger
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    If successfully awarded this time it will be from when you started the new claim in March 2023. You won't be owed money from 2021 because there was no award in place for you to receive any payments for. The chances of receiving this money for those 2 years is zero i'm afraid.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Melanie48
    Melanie48 Community member Posts: 5 Listener
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    Hi Poppy,  

    Yes,  it does seem this way.  When I did the tribunal,  they asked how long I think I should receive the award for,  they said 1 year and I said 2 based on me needing my other knee operated on.  I told the judge I had sent in a letter from the surgeon saying as much but it was received after the deadline.  So they couldn’t see it.  If they had seen this they may have extended the award which would have allowed me to reapply before the award ended.  So,  I do think it’s unfair but this is how it is. As arthritis gets worse,  I fail to see why they give such a short award.  I suppose they think operations such as knee replacements make it better.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,981 Disability Gamechanger
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    That's true @Melanie48 - whereas unfortunately you see and experience the chronic side  :( How are things going for you more recently? Please don't hesitate to let us know if there's anything else we can do to help  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
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