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Applying for PIP again-if taken away in MR or appeal.

needmorehelpneedmorehelp Member Posts: 6 Listener
edited August 2018 in PIP, DLA and AA

Hi folks,

I have got one point short of daily care and standard mobility. I have a few factors to take into consideration before I decide to ask for an MR, as stated in my other thread.

If I lost the award at MR which I understand is very unlikely but still possible, and likewise at a tribunal, how soon could I reapply for pip again?

When I migrated from dla to pip they did ask me if I wanted to use my dla evidence for my pip which I said yes to.

For people who have been turned down for pip once and then reapply do they still look at the new claims diligently, or is it possible they can see the records of the refused pip claim, which may well influence their decision to the new claim?, in other words they might consider the claimant a serial pip claimant, and not worthy of serious consideration.

Probably comes across as if my imagination is sort of running wild here, but I do feel its god to have an idea before I would send of an MR letter, if I go down that route.

Many thanks

Replies

  • brentusbrentus Member Posts: 25 Connected
    I would have thought they would have to treat it as a new independent claim if you've started from scratch and filled out the 196 page application form,but i don't know what they actually do,hope someone knowledgeable can help you because I'd like to know the correct answer myself. Good luck.
  • brentusbrentus Member Posts: 25 Connected
    Just for the sticklers,i know the form isn't 196 pages,just a bit of hyperbole 🤗🤗
  • YadnadYadnad Posts: 2,856 Member
    Think about it logically. A failed claim and then soon after a new claim is sent in.
    Would you expect the DWP to ignore the result of the previous claim?

  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    You are assuming that if you lose an appeal that it’s the end of the line but it’s not. You have a further right of appeal to the upper tribunal on a point of law. 

    You can make a new claim at any time but it would immediately limit any award on the back of an MR or an appeal to the day before your new claim. So, if you claimed in Jan 16 and you decided to appeal that but then decided to make a new claim in Jan 18 then any appeal heard on the first claim could only award up to Jan 18. This gets very messy if, for example a tribunal awards you the enhanced rate mobility but the new claim awards you stafdard. tjats ine rrason for not doing a new claim. 

    Another reason is much simpler. What have you learnt from the 1st claim? What are you going to do differently? If you don’t know then why would you expect a different outcome? Imagine a scenario where you have two claims running and two appeals. Could you cope with that? This is where face to face advice will be invaluable. 

    To clarify what @yadnad said, DWP will be fully aware of previous claims and under public law principles should really refer back to all held evidence. They rarely do and tend to treat each claim on its merits. However, an appeal tribunal may well receive a DWP submission which details all previous claims (although again this is not guaranteed) and that does have the potential to go against you. 
  • brentusbrentus Member Posts: 25 Connected
    Ok i see your points but if i first applied 2 years ago and it took 2 years to get to losing my appeal,that was for how i was 2 years ago what if in that 2 years I'd lost all my limbs and was actually typing this with my tongue?  Then its a totally different claim surely?  My old claim would be irrelevant apart from to show how i was 2 years ago. Am i making sense because im confusing myself now 😅😅😅 maybe I'll leave this one to the professionals.
  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger

    If there was any relevant change of circumstances in the interim then it will vary depending on the specific circumstances. Someone on PIP but appealing for an increase could ask for a supersession. Someone appealing but not currently getting a penny would have the option of a fresh claim, albeit that it would potentially create some of the issue I describe above.

    It needs to be borne in mind though that the loss of limbs (I know we're only using that as an example) is not the relevant thing. The relevant thing is if there has been a further loss of functionality which would score points. That might seem clear cut with something like loss of limbs but it really depends on the individual.

  • brentusbrentus Member Posts: 25 Connected
    I know what you mean,i just figured a different claim would generate a new file,new assessor,new dwp agent all with different outlook ideas  and perceptions.I know the previous claim might be on record,but just thought each case on its own merits as a different set of people would be dealing with it. My first assessor was like mary poppins and my recent one was like the devil's ex wife,i got my award 3 years ago when i wasnt as bad as i am now and it was still being treated,now its worse and permenant, the devils ex took it all off me. Different perceptions and ideas on what scores the points.Obviously thats not how it works and i bow to your superior knowledge 😅 just giving my rose coloured opnion lol.Have a good evening. 
  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    Well it’s certainly each case on its own merits and there’s little doubt a different set of people could make a difference but in practice the issue comes down to whether or not you’ve done anything different in presenting the claim. If the evidence is the same and the form has been written the same way then there’s no reason you would get a different outcome.
  • brentusbrentus Member Posts: 25 Connected
    No, of course, and anyone who did that would be wasting their time if as you say all the persons claims are on record and used as a reference.I suppose its the same with a MR,if you repeat what youve already told them,they'll repeat what they've already told you. 😊
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