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Is review processed more quickly than original? Will what tribunal judge said be taken into account?

amy1188

Hi all

My pip is due to stop in January. My first award took over a year to be given and had to go to a tribunal. I am concerned I will have to go through this all over again. Is a second claim quicker to be processed than a new first one?

Has anyone had experience with this? Will they take in to account what the judge said? My conditions have worsened and I now have lung damage as well. Surely now that it has become worse than previously they can’t now say I am not entitled to anything when previously a judge said I was when my health was better right? I am really scared I will have to go through it all again.

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poppy123456

HI,

You will be contacted by DWP about 14 weeks before you award is due to end and they will tell you that if you want to continue to claim PIP you need to ring to re-apply. You will then be sent more PIP2 forms to fill in and return.

When filling out the forms you need to put as much information as possible about how your conditions affect you. Adding a couple of real world examples of what happened the last time you attempted that activity for each descriptor that applies. You should aim for at least one side of A4 paper per descriptor. Include information such as where you were, what happened and the concequences.

Please don't assume that they will take note of what the Tribunal awarded into consideration because this may not happen. Your claim pack is the most important part of your claim.

Backlogs are huge at the moment and some people are waiting several months and more for a decision.

amy1188

Thanks Poppy.

Should I resend all of the evidence I sent previously as well as new evidence? Or just new evidence?

Cress

I'm just doing a renewal and the form says not to send anything you have sent previously.

amy1188

Cress said:

I'm just doing a renewal and the form says not to send anything you have sent previously.

Ah thanks! Is it the same form at a new claim? Do you think I should send them the decision I got previously from the tribunal just to perhaps remind them that a judge awarded me last time.

Cress

It's a much shorter form, but do fill it in as you would a first claim, most of my form consists of 'see attached' where I've given as much detail as possible for each descriptor on a seperate sheet. Not sure about the other question but someone will be able to tell you.

poppy123456

The shorter forms are usually for renewals. The longer forms are usually sent if your current award was from a Tribunal.
If DWP refused your current claim then you need to think what you can do differently this time. If you fill the form out the same way and send the same evidence you could be going down the same route this time.

Cress

Thanks for clarifying @poppy123456

amy1188

Username_removed said:

A tribunal decision plays no part here. Assuming DWP did not request a statement of reasons then they will only have a summary decision as will you. That says no more than you were entitled to PIP at a date in the past.

Thanks for confirming. I suppose my concern is last time the assessor basically wrote a report about a completely different person but put my name on it. This was then the reason I was refused. I even had reports from my doctors confirming the restrictions I have on my daily living due to my lung damage such as walking distances and tasks involving bending. Because the assessor said I was fine in the assessment( example being she said I attended alone when I didn’t) even the MR said they had to go from the assessor report. I don’t know what else I can provide them this time round especially considering my conditions have worsened because they didn’t believe anything last time. I had reports from all different specialists confirming the difficulties I face in daily life and they just ignored it all.

Sorry if I am just rambling I just don’t think I can go through it all again if the same is going to happen, are face to face assessments still happening?

poppy123456

When they write the reports this is based on their opinion of everything you sent, evidence, PIP2 and the assessment itself. It is not a report written word for word of what you said during any assessment.

Medical evidence and reports from Doctors, Consultants etc are rarely helpful because they don't really tell them how your conditions affect you. They don't spend time with you to know how much you walk or whether you can bathe/cook/dress/undress etc etc. If you fill out the form the same way you previously did then you could be heading in the same dirrection. My advice in a previous comment still stands about the real life examples.

Face to face assessments are back on for some people but telephone appointments continue also. Whether this will be the same when you return your forms, i have no idea.

amy1188

Thank you both for you help, very much appreciated!