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Tribunals, multiple claims

hjsrj2024

Morning all,

I previously posted on here a few weeks ago re my assessments and how they'd been cancelled/rearranged. I have finally had my assessment now so here's where I'm confused and a bit unsure:

I'd originally made a claim around a year or so ago for multiple health conudtions which I'd gone through the mandatory reconsideration for and am now awaiting tribunal (end of next month). However, within that timeframe I was diagnosed with an additional 3 issues 😫 I was advised by the DWP and the Tribunals that I would need to make an entirely new claim as no new diagnoses could be added to my existing claim (this new one is where they've continuously messed up with my assessment). Now, when I had the assessment a few days ago, I was expecting it to be only about the diagnoses on the new claim. However, the assessor then wanted to talk about everything else from my previous claim, too. She said it was just so she could cover her tracks really and that it needs to at least be mentioned, fair enough, but she had pretty much just reassesed me... I'd asked her if I was effectively being reassessed for the first claim and she'd said no, but that it will be taken into consideration when making the decision for the current claim but I was under the impression they couldn't do this as they're seperate.. I'm wondering if they know I have a tribunal coming up and they're potentially just going to merge the two claims together to maybe avoid tribunal and make their decision on everything as a whole claim or is that not even possible? Or is it just totally standard procedure for them to practically reassess a previous claim during an assessment for a different one? And at Tribunal, will they also consider my recent claim when they make their decision on my first one?! So confused lol thanks for reading.

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Comments

poppy123456

I'm afraid your thoughts are incorrect here. You started a new claim, so they were correct to have assessed you based on all of your health conditions, not just the new diagnosis and yes they often look back at previous claims, it's correct that they do this. PIP isn't about a diagnosis anyway.

The problem you have now is that the Tribunal decision will be for your first claim, if awarded you will only receive money owed up until the day before you started your new claim. This is what's known as a closed period.

Any new decision made on your new claim, will overrule the Tribunal decision. This means if you're refused again, you will be in the same position you're in now and the process will start all over again.

When you had the diagnosis, if you had already reported the symptoms of that for your first claim, there was no need to start a new claim. The Tribunal would have been able to take into consideration the diagnosis because as I advised, it's not about a diagnosis. What they wouldn't be able to take into consideration is any worsening of condition since the first assessment took place. A diagnosis, doesn't mean your conditions have got worse.

The Tribunal is for your first claim, not the 2nd one.

hjsrj2024

Hi, thanks for your reply. I kno the tribunal is for my first claim. The first claim was for X amount of conditions, the second was for 3 new ones diagnosed after the original claim was put in as I wasn't able to add the new diagnoses to the original claim and as I already had one outstanding, I didn't add the health conditions from the first one to the second one (if that makes sense) as I was advised not to. This is why I was wondering whether they could potentially merge the 2 claims together..

poppy123456

It’s unlikely that the 2 claims will be emerged.

Who advised you not to add all of your conditions to the 2nd claim? When applying for PIP you should tell them about all of your conditions and not just some of them.

hjsrj2024

Im aware, but the additional diagnosises came AFTER the first claim was submitted for conditions I'd already had. I wasn't allowed to add them onto my original claim, and was advised by DWP and Tribunals to do an entirely new claim for the new conditions. They told me I didn't need to add the other conditions as they claim was already being processed awaiting tribunal but to just mention on the additional claim about the previous one.

poppy123456

You should always tell them about all of your conditions. Yes I realise you didn’t have the other diagnosis in your first claim but for the 2nd claim this was where you should have told them everything.

Who advised you that from DWP? Was it someone from the call centre? What about the Tribunal? Was it the clerk that advised you this?

Donna_donna

So the DWP told you you could not add your new conditions to your existing claim and told you would have to make a whole new claim for the 3 new conditions?did they tell you or that or "advise" you ?sounds like what poppy is saying is if you recieve the pip on the new second claim then you will only be backwards for that claim ..

I wonder why they have done that ..w

Donna_donna

Backdated*

hjsrj2024

I had referenced the original claim within the second one as advised by DWP and the Tribunal service. I'm not sure who advised to be honest as this was some months ago now.

Donna_donna

So you did contact them to advise them of your new conditions and they then told you to make a whole separate new claim for those additional new diagnoses.And the fact that they went through all of your conditions and how they affect you from the first claim whilst assessing you on the second claim, would mean that they have infact been informed about everything.

hjsrj2024

Thats exactly what happened. I was told categorically to make a whole new claim as I would not be allowed to add the additional diagnosises to the on-going claim but to reference within the new one that I already have one outstanding. That was someone from Tribunal who first advised this, I then called DWP to confirm, which they did. Yes, they are aware of every condition as per the first claim which is why they then asked me about all the conditions listed in the first claim during the assessment for the second claim. She said I wasn't being "reassessed" but it seemed to me like I was as she was asking how they effect me etc, which has obviously already been done hence the tribunal.

Donna_donna

How Weird and confusing lol

poppy123456

You were being reassessed, that’s why you had the assessment. Please also be aware that when you ring DWP you are not actually speaking to someone from DWP itself. You are speaking to someone from a call centre and they are not the best people to ask for advice or take advice from.

You were assessed during your last claim but this is a new claim and most people have assessments.

hjsrj2024

Yeah so I'm wondering if they are potentially going to disregard the first one that I'm awaiting Tribunal for (and not bother with the Tribunal at all and save money) and make a decision based off the second assessment, which if awarded, would obviously save them a hell of a lot of money in backdated payments and no Tribunal costs. And if not awarded, would mean I'd have to go through the entire process again of mandatory reconsideration etc etc.

poppy123456

That will not happen. The are separate claims and the hearing will still go ahead with the Tribunal. The Tribunal are impartial to DWP so DWP can't just cancel the hearing and it won't be cancelled by HMCTS.

A decision on your 2nd claim will still be made but that decision will overrule any decision made by the Tribunal for your first claim. If the worst happens and you're refused again the whole process starts all over again, for your 2nd claim.

If awarded by the Tribunal for your first claim you'll still be owed some money.

hjsrj2024

Okay, thankyou for your help.

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