PIP, DLA and AA
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Pip appeal won but no future payments

amandamandyamandamandy Member Posts: 6 Listener
I waited 16 months for my pip appeal to be heard. This was done over the telephone. I won my appeal but they have only calculated for 12 months. I haven’t received any notice of future payments 

I rang the Pip helpline and they said I should have put in a new claim. I honestly don’t understand what is going on!! And desperate for advice 

thanks in advance 

Replies

  • calcotticalcotti Member Posts: 2,255 Pioneering
    You haven't provided enough information for us to comment. 
    When did you claim PIP?
    When was the tribunal and what dates did the tribunal award PIP for?
    A tribunal award has an end date and the award stops on that date unless a new claim has been made and decided.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • amandamandyamandamandy Member Posts: 6 Listener
    Pip assessment was in Nov 2019. Tribunal was April 2021. They awarded me from August 19-August 2020. All due to corona pandemic 

    They specifically asked for my medical records to the present date. 

  • amandamandyamandamandy Member Posts: 6 Listener
    Please also tell me where I would have been made aware of an end date on an award if successfully?

    thanks for your replies 
  • calcotticalcotti Member Posts: 2,255 Pioneering
    The end date will on the tribunal decision. Why the tribunal decided to only make a 1 year award I have no idea. You have been put in an unfortunate situation of being given an award that ended before the decision was made which obviously means you could not have applied again before the end date.
    You will now have to make a new claim.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • amandamandyamandamandy Member Posts: 6 Listener
    I’m assuming the law states they can only give an award no longer than 12 months. I can’t think of any other reason. 

    Absolutely crazy. If I’d known this I would have applied again for pip whilst waiting for the tribunal hearing 
  • calcotticalcotti Member Posts: 2,255 Pioneering
    edited July 12
    I’m assuming the law states they can only give an award no longer than 12 months. I can’t think of any other reason. 
    It doesn’t. Tribunals can set an award length they consider appropriate.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • amandamandyamandamandy Member Posts: 6 Listener
    Thanks again for replies. 

    I’m still confused. I thought the job of a tribunal was to decide if the original decision made in your initial health assessment has been given the correct number of points. They are not assessors!  Can you please elaborate! 
  • mikehughescqmikehughescq Member Posts: 6,646 Disability Gamechanger
    This is likely fairly simple. I would guess that you were originally awarded a time limited award of PIP and you disagreed with the amount and appealed that. Your original PIP award expired before your appeal had been decided and no-one advised you/it didn’t occur to you that you would need to make a new claim to protect your position. You get to appeal; win the additional amounts and a maybe slightly longer award but even the latter has expired before payment has been made. It was likely open to the tribunal to award for longer but I’m guessing you were so focused on getting the correct amount you neglected to think about the length of award. 

    Alternatively you made a second claim whilst waiting for the appeal hearing on the first claim. That second claim immediately limits the period the tribunal can look at on the first claim to no later than the day before you make the second claim. 

    You don’t say whether you requested a statement of reasons and record of proceedings for your tribunal decision but, if you didn’t, you are unlikely to get one 3 months after the tribunal when there was a 1 month deadline for doing that and there’s no grounds for extending the 1 month. Equally, you have nothing to lose by asking for one now albeit that it’s a very long shot and I’ve never known the answer be yes other than in maybe 1 case. 

    If you have the SOR/ROP you can apply for leave to appeal to the upper tribunal on the basis that an end/review date was plucked out of the air (which is how it usually works) but if not then your only option is a new claim now. There would be no backdating so the sooner you act on this part the better.
  • amandamandyamandamandy Member Posts: 6 Listener
    Thank you for your reply. 

    I have never claimed pip. After my assessment I was declined pip. I appealed. I waited longer than usual for a tribunal date due to COVID pandemic. The appeal was heard over the phone. 

    They wanted my medical records up to the current day. Nothing had changed in my medical condition. Confused about tribunal picking dates for back dates payments and no future payments either. 

    Is my only choice to appeal to the upper tribunal on the grounds the dates were picked out the air. 

    I’ve never heard this happening to anyone else who has appealed. It all seems very strange! 
  • mikehughescqmikehughescq Member Posts: 6,646 Disability Gamechanger
    Your only options are appeal to UT or new claim.
  • calcotticalcotti Member Posts: 2,255 Pioneering
    edited July 13
    amandamandy said: I thought the job of a tribunal was to decide if the original decision made in your initial health assessment has been given the correct number of points. 
    The role of thetribunal is to make an award decision in place of the DWP. This may confirm the original DWP decision or be a different decision, either way, once made, that is the decision (subject to any appeal to Upper Tribunal).

    Like DWP they make the decision based on the available evidence. Unlike DWP they take a more inquisitive approach when examining the evidence.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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