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Question: Tribunal happening after end date of original award

WaylayWaylay Member Posts: 922 Pioneering
edited April 2018 in Disabled people


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.

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @Waylay
    I hope @BenefitsTrainingCo or someone who knows their benefit stuff will be along soon to help.
    Scope
    Senior online community officer
  • WaylayWaylay Member Posts: 922 Pioneering
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • WaylayWaylay Member Posts: 922 Pioneering
    Thank you, @BenefitsTrainingCo! Much appreciated!
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    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
    Be all you can be, make  every day count. Namaste
  • WaylayWaylay Member Posts: 922 Pioneering
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