Denied PIP Claim. 2nd successful application and a successful tribunal result. What happens now.

paulakath

hi,i first pt in a claim for pip in august 2016, this claim was denied so i appealled. the claim was then sent to the tribunal. inbetween i again claimed pip which was awarded but with no mobility element, this was backdated to 16 feb 2017. i have just recieved the letter from the tribunal saying they have overturned the dwp decision and awarde me the daily living allowance and high rate mobility component from august 2016, what will happen now please?

steve51

Hi @paulakath.

Welcome to our website & online community I do hope that we can help you further !!!!

We have got a lot of info on the PIP process on our home page.

You will also find a "Benefits Advisor" who will be ideal for starters.

 Please please let me if we can help you further ???

MikeBroderick

Hi @paulakath;

Welcome, and thanks for your post.

I am going to move this discussion into our Ask a benefits advisor section and see if the @BenefitsTrainingCo can help.

Great to have you here.

paulakath

hi, and thank you

BenefitsTrainingCo

Hi @paulakath

Hmmm, a bit of a tricky one!

Normally, the position would be that the award would just apply to the date of the new claim, and if this was made on the basis of 'change of circumstances' (although I appreciate that in reality your circumstances may not have changed that much, if at all) then I think this will very likely be the case, as if you have indicated that your circumstances have changed this would be legitimate grounds for supersession in any even.

However there are other factors at play here, and if you did not indicate with your new claim that your circumstances had changed, then I think alot might depend on what the Tribunal have indicated in the Decision. Have a read of it, there is usually an indication of when the award is intended to begin and how long it is intended to run for. If it is indicated that this is longer than the period to when your new claim began, I'd say there is an argument that your claim should be fully backdated with mobility and added to the present award.

Apologies if this is slightly unclear, if you would like us to be a bit more specific, please reply with (a) whether the new claim indicated that your circumstances had changed and (b) the exact wording of the Tribunal decision.

Hope this helps!

Kind regards,

Mary