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Question: Tribunal happening after end date of original award

Waylay

Question on Tribunal occurring after end date of original award.

Got PIP in 2016 after Tribunal (standard, standard). Review letter came August 2017. Sent in form, had assessment, 0 points. Award stopped in November, 2017. MR: 0 points. Currently waiting for Tribunal, but will take 7-9 months (working on submission for it now). The end date of the 2016 PIP award was June 27, 2018, so Tribunal will likely occur after that.

Assuming that I win at Tribunal after June 27, will the Tribunal's award just go on from there, or will I have to apply again?

Does it make a difference if I win at Tribunal before June 27?

I'm scared that I'll have to apply again, and this time has nearly killed me. Oh, and my ESA runs out in Nov 2018. Can't take much more of this.

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Comments

Sam_Alumni

Hi @Waylay
I hope @BenefitsTrainingCo or someone who knows their benefit stuff will be along soon to help.

Waylay

Ty @Sam_Scope!

BenefitsTrainingCo

Hi Waylay

I know it's completely rubbish that PIP awards so often don't run their course and are reviewed early. Unfortunately, as you probably realise, there's not much you can do other than to appeal as you have done.

Basically, if the appeal tribunal takes place after June 2018 you should consider making a new claim. This would effectively be a protective claim against the tribunal finding there were no grounds for an early review and reinstating the old decision. If it does this it could have the effect of the award legitimately ending in June. If the appeal takes place before June it may be that the tribunal simply finds in your favour and changes the decision including a longer award. Obviously this would be the best outcome because it would not need another claim and would lead you to having an award for a longer period. If the tribunal takes place before June and reinstates the original DWP decision ending on 27 June you will at least have some time to apply again although i realise this is not what you want.

So basically my advice would be to wait a bit until you know when the tribunal will take place.

David

Waylay

Thank you, @BenefitsTrainingCo! Much appreciated!

CockneyRebel

Hi Waylay

I think that the tribunal, if they find in your favour will limit the award to the original end date 27th june. Even if they give a different end date it is common for the DWP to change the end date recommendations of the tribunal

If I was in your position I would be putting in a new application now

CR

Waylay

Sigh. Thanks @CockneyRebel

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