PIP, DLA and AA
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advice on what to do if I lose the PIP tribunal

Allipowell123Allipowell123 Member Posts: 1 Listener
edited February 2017 in PIP, DLA and AA
I am representing my partner who suffers from long term depression and anxiety.

We have a court  hearing on Monday 22nd February and I am wondering if they refuse to allow the claim what happens next? He has been without his pip since June last year and his condition has worsened. Can i make a back dated claim to then as i believe you cannot open another PIP application while waiting for a court date and going through a mandatory situation??
Any advice?
Many thanks


Replies

  • Ajk110Ajk110 Member Posts: 47 Community champion

    Hi @Allipowell123 this link may help you: it explains the appeals process. The appeal provides an independent final look at whether the DWP has made the correct decision and DWP is required to respond accordingly once the judgement is made. Should that be unsuccessful you should consider calling the Scope helpline for advice on what to do next. The lead advisor in this area is @debbievoakes





  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Allipowell123 

    The first thing to note here is that a claim to personal independence payment cannot be backdated.

    Secondly the tribunal will be considering how your partner was at the date they made the claim to PIP. They will also consider how he was three months prior to that date and whether he has or is likely to have the same problems for nine months after the date of the claim. Deterioration in someone’s condition isn't something that can be taken into account unless it applies over the period of time I have described.

    I say this because It is important that the focus at the hearing isn't on how his condition has deteriorated but rather on how his health problems have affected him over the twelve month period.

    Finally if you disagree with the tribunal's decision there is a further right of appeal but it's on a point of law so you need to show that the tribunal has made an error of law in how they reached the decision. The starting point for this is to request the tribunal’s statement of reasons for the decision but I would suggest you post back on here after the hearing if this applies and we will advise you further.

    I hope that helps and good luck at the hearing.

    Best wishes

    Paul

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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