Will I be reinstated for my pip as won by the tribunal? — Scope | Disability forum
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Will I be reinstated for my pip as won by the tribunal?

jennijenni0101
jennijenni0101 Member Posts: 2 Listener
edited December 2019 in PIP, DLA, and AA
I was awarded Pip for arthritis and depression. Then I got diagnosed with degenerative disc disease as well as the arthritis and depression. So applied to pip again as my condition got worse and I could do less. 
They stopped my pip and awarded me not enough points. They more or less told me I had to reapply as didn't put the arthritis down. Now i thought because I had a original claim with Pip for arthritis depression that I didn't need to put these details down as they'd already be on file and they would know my situation. So I reapplied put in the arthritis the depression and the degenerative disc disease down and the assessor gave me 0 points. Bear in my I asked for a change in decision, appeal  formy original claim and was waiting for a decision about the appeal. Now I've won my appeal but because I reapplied and got 0 points will I still have won my appeal for the original appeal. Or will the dwp overide the tribunal decision and base there decision on this new claim which got 0 points. Now there is no cure for arthritis and degenerative disc disease so how I got 0 points Wen my condition has got drastically worse. Also I have noticed the answers I  gave the assessor was totally different to the answers I gave to her. I have noticed that this has happened twice they totally lied and changed my answers. I have been informed that they change the answers. This is true. Twice they have lied.
Please has anyone got any advice as will I be reinstated for my pip as won by the tribunal or will the dwp go on this new claim which has been refused. But yet pip told me to reapply. I'm confused. 

Comments

  • jennijenni0101
    jennijenni0101 Member Posts: 2 Listener
    Also I wasn't notified that it's a change of circumstances form I had to fill out I was told I had to make a new claim to pip
  • poppy123456
    poppy123456 Member Posts: 28,453 Disability Gamechanger
    HI and welcome,

    I'm a little confused here and it's not 100% clear. You say you re-applied but already had an award in place but it's not possible to re-apply when you already have an award in place, what you do is report a change of circumstances and they send you another PIP2 form to fill in with ALL your information about how your conditions affect you, even if you mentioned them previously.

    What isn't clear is after that decision was made and you were refused did you re-apply and have another decision or did you just request the MR then Tribunal? and wait for the Tribunal decision?
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    jennijenni0101,

    Hi there, as Poppy says, we are a bit unsure about what happened, but this is what I think! I think what happened is that you had an award of PIP but then you got worse & it wasn't high enough. You told them you had got worse (you were diagnosed with another condition), but they stopped your PIP completely giving you zero points - that decision didn't seem to take into account your other existing conditions, and PIP told you that you should apply all over again, which you did. In the meantime, you appealed against the decision to stop your original PIP award.

    You have now had that original claim restored on appeal, but I'm afraid what would happen is that any arrears of PIP would only run up until the date of the new claim decision, as this is based on an assessment which happened after the PIP decision you appealed against.

    If that is the case, you need to request an MR and if necessary appeal the new claim decision. You should act quickly. It sounds as if you already have the assessor's report and you should complain about this too. I think you should also complain about the advice you got from PIP to reclaim. They should have pointed out to you that this is always risky as it means any arrears from an appeal only run up to the date of the new claim.

    They could also have told you that the tribunal could decide whether PIP should have taken into account conditions it already knew about when looking at whether to increase your award due to a new condition. I think that they already had the info about your arthritis and depression; you were asking for a supersession (a change in circumstances) due to having got worse (and as part of the evidence that you were less able to do things, mentioning your new diagnosis). So I strongly think that DWP staff didn't properly explain to you that you didn't need to reapply, that although you can reapply (it can sometimes be quicker than awaiting an appeal result), it is also risky as you can lose out due to the tribunal decision only applying to the period before your new claim.

    I'm really sorry! I'm not surprised you're confused and upset. You might want to see if a CAB or your local MP's surgery can help.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland

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