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Can they take away a claim at appeal for a different case?

rachpetrachpet Member Posts: 4 Listener
edited April 2018 in PIP, DLA and AA
Evening all, 
my brother had a pip assessment last year due to diagnosis of three brain tumours, and a long standing bone condition called Olliers disease. 
This was some how turned down...he has had a new assessment since then and been awarded enhanced on both parts. We are still appealing the original decision from last year and waiting on a court date...my question is this...if you have been awarded can this get taken away at the court date or are they two, ltotally separate cases? Ie the decision made by the court will be relating to his condition at that time as the most recent assessment was on how his condition is presently? Will it either be you were entitled to this then, we will back pay what you should have got with no effect on what he is now receiving?
many thanks in advance!

Replies

  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hello @rachpet and a warm welcome to the community. Sorry to be responding to you so late in the day.
    This does sound like something our benefits advisors might be able to answer for you fairly quickly, so please bear with us and give them time to respond.
    In the meantime, if there is anything else you think we might be able to help you with, please don't hesitate to let us know.
    Warmest best wishes to you and to your brother,
    Here and listening,
    Richard
  • rachpetrachpet Member Posts: 4 Listener
    Thanks for your reply Richard. 
    Would be great to know whether it’s worthwhile pushing on with the appeal or whether it is best to accept the pip we are receiving now and leave rest alone! Morally I think we should but it is such a strange system that don’t want to rock the boat! 
    Best wishes, 
    Rachael 
  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hi Rachael @rachpet and thank you for responding. Unfortunately I know exactly what you mean about 'not rocking the boat'. However, I'm trusting our benefits folks will get back to you soon. They know the system far better than I do.
    Warmest best wishes,
    Richard
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi rachpet

    Thank you for getting in touch, although I am not at all sure about the answer to this. I think that the appeal tribunal are likely only to make a decision about benefit from the date of the decision you have appealed about to the day before the subsequent decision (it sounds likely that your brother has been made some kind of award for the later period of time).

    However, if this is right, the judge would be able to make a recommendation that the DWP decision maker may want to look at the subsequent decision, if it appears to them to be wrong. 

    I have checked the Tribunal Rules and can't find anything definitive in there.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/488476/consolidated-sec-rules.pdf

    Please do take a look yourself.

    You might want to try to find local advice about this - is anyone helping with your appeal? That person might be able to advise you about your specific case.

    Sorry I can't be more definite.

    Gill_Scope
    Benefits/ Finance Specialist
    Scope Helpline 
  • rachpetrachpet Member Posts: 4 Listener
    Thanks Gill. Will have a look at that link and see what other info I can find out. Macmillian have been helping with the appeal but weren’t sure as to what the appeal would have, if any, on current payment. 
    Thavks for your help. 
    Rachael 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rachpet

    As your brother has now been awarded enhanced, might it not be simpler to withdraw the appeal against the previous decision?
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi rachpet

    As Gill suggests the appeal tribunal can only look at your circumstances at the time of the decision. It will not be able to change a decision that has been made at a later date. Having said that the DWP can review a decision at any time if there is evidence to suggest a change of circumstances. And so, it may be a bit more tricky in that it is not beyond the realms of possibility that the appeal could provide information that prompts the DWP to review its later decision.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • rachpetrachpet Member Posts: 4 Listener
    edited April 2018
    Cool, thanks David (and Matilda) if anything things have gotten worse since original decision so don’t think they would review and find in favour of his award being dropped but just wanted to be clearer on how the process works. Think it’s because the back pay would be nearly a years worth so is quite a considerable amount of money but also my brother has just found the whole system so unjust (I was with him at initial assessment and the accessor basically lied and said that his brain tumours and surgery had no impact on his life whatsoever..we wish!) so think he feels that morally that she made accountable for this and explain why this happened. We are still waiting on a court date though so will see how he feels when we eventually get one of those. 
    Thanks for all your advice. 
  • dottydottydottydotty Member Posts: 294 Pioneering
    I wish you luck with your appeal &  I hope you win and receive the back pay due to your Brother .    .  Best wishes .
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