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How long after tribunal refusal before l can reapply

Teresa_1Teresa_1 Member Posts: 18 Connected
edited January 2018 in PIP, DLA and AA
I'd like to do so asap

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello Teresa and welcome

    If you have no award in payment ther is no waiting time to reapply

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @Teresa_1

    As CR correctly states there is no restriction as to how soon you can reapply.

    What I would say however (and I assume we're talking about PIP here) is that in my experience it normally helps to wait 6-12 months, unless you have had a significant deterioration or change in circumstances.

    Not every time though and it certainly won't do you harm to re-claim right away.

    Good luck! and kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    Thank you,and sorry,it was for PIP.
    I do have some award,but was asking for more help.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Teresa_1: If you were going to apply again for an increase in your award, you would generally need to point to a deterioration in your condition in order to be able to make a good case this time round. It would be helpful if you could pinpoint the descriptors that you think would now apply to you, and get evidence to back you up, otherwise you might end up with the same outcome. If your condition is the same as it was when you went to the tribunal, and you have decided not to take your case to the Upper Tribunal, then as Mary says it's generally better to wait 6-12 months before reclaiming, and when you do, make sure that you address in particular the descriptors where  you didn't manage to get enough points. There are some excellent resources on www.benefitsandwork.co.uk which may also help. People on benefits get a reduced rate membership, and the information on PIP and PIP appeals is very thorough.
    Good luck!

    Jayne
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    I am awaiting a statement of reasons to see if l am able to apply to the upper tribunal first l think.When l first applied for a tribunal,l specifically asked for somewhere without a lift as well as asking for my loss of hearing to be thought about.I was using my scooter to access the building.I suffer with agoraphobia,so had enough problems getting there(re panic attacks)without having to use a lift! I am not able to stand and walk far.I feel this put me at a disadvantage in the first place. Then there's health and safety too isn't there?
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Teresa_1, 

    When you receive your statement of reasons, you are going to need a specialist benefits adviser to help you. Your local CAB or Welfare Rights team may be able to help with this. In order to successfully progress your case from here, you are going to need to identify an error of law in the tribunal's reasoning. Simply disagreeing with the decision is not enough, and identifying an error of law I would say would be very difficult for the general public to do. Good luck.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    Thank you,l missed this.

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Teresa_1, Lee is right, you really need to speak to an experienced adviser to appeal beyond the first tier tribunal. Once you get your statement of reasons, see if you can make an appointment with your local CAB.

    Just to give you an idea, an error of law can include anything which made the hearing unfair, so it's possible that the problems you experienced accessing the tribunal meant that it was unreasonable for the tribunal to go ahead - perhaps you should have been offered an adjournment so that a suitable venue could be found at another time?

    However, it's not absolutely clear that this did cause an error of law (it would depend on whether you felt that, as a result, you were not able to make your case). So I'd suggest that you complain to the Tribunals Service (HMCTS) about the access and health and safety issues separately. These may not be dealt with otherwise.

    Finally, as people have advised above, you can claim again whether or not you appeal further. This might be a good idea anyway, after a few months (unless you have got worse or had a relevant change, in which case, do it sooner). Even if you appeal to the Upper Tribunal, it is likely to take a while.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    Only just seen this,so need to see if l can alter my settings.Yes,the access upset me very much,making it very difficult for me.I was already nervous as l'm agoraphobic,so journey in itself was difficult.
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    Sorry,but been without my laptop,so couldn't access this,as it was being repaired..After receiving the statement of reasons,l have now put in a new claim.I have only just found out l could have asked for a set aside,for more than one reason,but without talking to someone privately,l didn't know this.Sorry,but l didn't want all my problems to be viewed by everyone!Also,without my car,l was unable to make an appt to go and see someone,so l was stuck.
    I have written to the tribunal service to complain,also giving my reasons.
    I have the backing of my MP as well.
    Many thanks for your replies,so much appreciated.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Teresa_1, do keep us updated, and we'll offer support and advice where we can. If you do want to talk to somebody privately, you may like to contact Scope's helpline
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Teresa_1Teresa_1,
    It's good that you have complained, and spoken to your MP.  I don't know what the timing is here - but normally to ask for a set aside you'd have to apply no later than one month after you got the decision notice (not the statement of reasons, but just the decision in writing). A set aside is only usually granted where there was an administrative issue causing unfairness, for example, you or the tribunal or the DWP didn't get the paperwork in time.

    Because you weren't able to get advice at the time, which completely makes sense, you could ask the tribunal if they will give you longer than a month, but I can't guarantee that they will. Your MP, or someone who works for the constituency surgery, might be able to help you with this.

    Meanwhile, best of luck with your new claim!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Teresa_1Teresa_1 Member Posts: 18 Connected
    Thank you.Yes,it was all done well within the time limit
  • madquasimodomadquasimodo Member Posts: 130 Courageous
    It's always worth just filling the form and sending off soon as you can, I claimed for PIP failed nasty woman who didn't give me a proper examination, mandatory reconsideration failed, went to tribunal fail badly, doctor only asked one thing, disability specialist ripped me to shreds, told me I had to "learn to wipe like a girl" I have a hernia and had broken my wrist badly so limited movement in my dominate hand.
    Went and filled PIP2 again, had a proper nurse with experience in mental health and my disability, got PIP and lower rate mobility, which I could see someone who did a proper exam and was able to understand disability again, shame we can't pick who examines you. 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    It is good that you complained to your MP, that is the one thing the DWP hates above all else, having to answer for their own stupidity. 

    When I phoned up for my latest MR, one of the questions the DWP woman asked me was, "are you going to complain to your MP" I asked why she wanted to know that, and she said, "you usually make a complaint to your MP" And I said "you obviously don't like that, do you"  >:)

     


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