supersession decision?

dannyUK76

First up thank you for all the help so far
ok so i been advised from a lady from scope on the phone that she spoken with a benefit advisor and she told me i have to withdraw the 2nd claim.
ok but i was also told on here can't do that need to ask for a supersession on new claim on grounds of tribunal.
when i phoned DWP i asked about this i was just told my case was in a que for a case manager to pick up.
So what do i do now i want to get this resolved how do i ask for the supersession?
do i just give it time my tribunal was saturday gone and i seem to be getting different advice i don't know who to listen to.
sorry i keep posting just that it has been 10 months of hell.

CockneyRebel

This is from CAB website

Which decisions can be changed by supersession?

You can ask for a decision to be changed by supersession or a decision maker can decide that it needs to be changed without you asking. The law says that a decision maker must show there are grounds to change the decision.

Decisions which can be changed include:

• the original decision
• a revised decision
• a Tribunal decision
• an Upper Tribunal or Commissioners decision.

How to ask for a supersession

Apply to the DWP office that made the decision. You can apply by phone or in writing. It is best to apply in writing so you have proof. Keep a copy of your letter and a note of the date you sent it.

A decision maker will look at your application and decide if there is enough information to make a decision. They can ask you for more information or evidence if they need it. They'II usually do this by sending you a form called a PIP2UI to fill in.

You will have at least one month to provide the information or evidence. You can ask the decision to allow you more time if it will be difficult for you to provide the information by the deadline. However, they don’t have to agree to this.

If you don’t provide information by the deadline you've agreed with the decision maker, they will make a decision based on the information they have.

I don't think that you can withdraw a claim once a decision has been made,

dannyUK76

i asked earlier mate they just said it is in a q for case manager.

CockneyRebel

At the moment do you receive standard DL payments from your 2nd claim ?

If so then it will be the tribunal decision is what will be waiting for a case manager, it can take 6-8 weeks for a tribunal decision to be put into payment

dannyUK76

no mate i get standard daily pip.
old claim "tribunal"claim i got awadred enhanced on both. 

poppy123456

Hi,

Your Tribunal was only Saturday and it's early days yet. DWP have as much chance to challenge the decision as we do but to do this they must first ask for the statement of reasons. Then from this they must find an error in law. There's most likely nothing you can do until DWP decide the next step and this can take anything up to 8 weeks, as CockneyRebel has stated.

I know it's very stressful but there's really nothing you can do but wait, it's only been 3 working days since your Tribunal hearing.

CockneyRebel

Let me see if I understand correctly

January you made first claim for PIP - no award

asked for MR again - no award

Applied to tribunal

Entered a new claim and awarded std daily in May

Attended tribunal November and awarded Enhanced DL and Mobility

You are currently receiving standard daily since May

The DWP will not have actioned your tribunal decision yet and it is waiting for a case manager

As your second claim is in payment the decision made for your second claim supercedes any other decision. The tribunal decision only applies to your first claim and remakes the decision from January.

The tribunal decision will only be in payment from January until May when a new decision was made

As your second claim is in payment you cannot withdraw it, if you try then it could result in your claim being closed, it will not revert to the tribunal decision.

Usually an MR has to be made within one month of the decision date unless you can show good cause for being late, You do have up to 13 months to again appeal to the tribunal

You would be best advised to find a trained benefits advisor to help you,

dannyUK76

So I don’t have to request the supersession until I have a decision? Will I get a new decision this is where it is confused me. 

dannyUK76

That’s all correct cockney. 
I have spoken with scope and disability rights. 
Scope told me I should just withdraw second claim also been told to as for a supersession on the second decision because of the tribunal. 

CockneyRebel

Your new decision is the one made in May.

The tribunal decision only remakes the old decision although you should receive a letter and back dated payments from January to May. This could take upto 8 weeks and is waiting for a case manager to sign off on it. That claim is now finished, the only claim you have is the one made in May, This is the one you you request a supersession on

dannyUK76

That’s why I been trying to do but there just pushing me away. 
Should I request a MR OR COS

dannyUK76

So tomorrow can I phone up ask to speak to case manger then ask for supersession on claim dated 02nd may 18 on the grounds of tribunal win dates 17th November 2018. 

poppy123456

I still think you have to wait until DWP decide whether they're going to ask for the Statement of reasons first for the recent Tribunal decision.

dannyUK76

But if the tribunal award is done and dusted I would be requesting on my active claim so should I request A MR also today when i spoke with someone from appeals she as put on my notes thats i was advised wrong by a memeber of staff about claiming for pip why i am at tribunal.

dannyUK76

Just spoken with a case manger told that I can’t request a supersession as new claim is open and in payment told that they need to check it they told the tribunal that i am already receiving pip ? That I have to wait and then appeal if not happy with outcome dose that make sense?