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Judicial Review whilst making a new claim for PIP

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cat_hug
cat_hug Community member Posts: 161 Pioneering
Hi guys,
After fighting for over 2 years for my pip appeal, I've just exhausted all the appeal avenues, except Judicial Review.

I am looking into taking my case to JR, although I understand its a difficult and costly procedure with no guarantees.

I am looking into applying for an exceptional case fund through legal aid. However, in the meantime, I'm thinking of submitting a new Pip claim.

I am somewhat reticent about doing this, as I know there is a risk of losing my existing benefit ( I was awarded enhanced mobility for an ongoing period, but only got 7 points for the Daily living component,  which meant I also lost my SDP premium of my ESA .

I've been looking into how to proceed with a JR and read that you're supposed to inform the DWP of your intention to take your case to JR (as they might choose to remedy the case without the need for JR?)

My question or questions are:
Would applying for permission for a judicial review of my existing pip appeal, effect making a new claim? (Apart from the obvious gamble of losing what I get already?)

I used to get DLA for life, low rate mobility, middle rate care.

Also, would making a new pip claim mean I'd lose ESA (I'm on income based esa, in support group)

I understand that change of circumstances could trigger a move to UC and I'm not sure I could cope with that right now, as I'm barely hanging on a thread physically and mentally)

Apologies for the long message. Hope its not too garbled but could really use some advice.

I've found a lawyer who does JR'S with legal aid (obviously this would depend on the ECF application being successful. Thanks in advance for any advice.

Just as an aside, I was wondering whether my pip application might be one of the thousands that the DWP are supposed to look at again as being wrongly assessed under the needing help with social engagement? I know I'm probably clutching at straws but I've no idea if I would fall into the group who missed out, as the assessors completely dismissed my difficulties with engaging socially, because  I didn't appear nervous or anxious at the HCP assessment. (Their words)

Thanks again in advance 
Cat
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