Tribunal vs new PIP application

J_D

Hi everyone! I was wondering if I could get some help and advice about my situation please.

I applied for PIP over a year ago, had my assessment over the phone and was later told that I scored 0 in all the descriptors. I suffer from a cognitive impairment and a physical disability (including surgeries), so lots of medical records. My extensive Mandatory Recon. letter was also ignored and I still scored 0. The assessor’s report said things like “did not sound out of breath” (over the phone!), therefore I’m not suffering with my physical disabilities and they aren’t causing any issues.... Also, around the same time, a friend of mine who suffers with similar but less severe type of my cognitive impairment, not only got approved but was even put on the enhanced rate
I applied to take this to the tribunal and currently waiting to get a hearing date.

My dilemma is that while applying for the MR, I started a new PIP application as a plan b, and they just got back to me giving me a phone assessment date for this month.

Would anybody know what happens in this situation? For example if my 2nd application gets approved before I get my tribunal date? Would I then be able to backdate the payment starting from my first application since it was “wrongly” denied?

I’m even considering withdrawing my 2nd application and waiting for the tribunal date but just unsure and stressed how to deal with all. Any advice is appreciated please. Thank you!

calcotti

By applying again you have created a 'closed period'. If the tribunal award you PIP their decision will only apply from the date of your first application to the date of you second application. What ever decision is reached on your second application will apply from that application date.

J_D

Thank you for the quick reply calcotti and clearing that up for me, that makes sense! Do you have an opinion or advice what would be better to do in this situation? Go through the 2nd assessment + tribunal or just wait for a tribunal date etc?

poppy123456

As you've already reapplied and are now waiting for the assessment to take place then you will need to continue with this claim. If you don't attend your file could be returned to DWP and you could be refused again. If this happens the process will start all over again.

J_D said:

Also, around the same time, a friend of mine who suffers with similar but less severe type of my cognitive impairment, not only got approved but was even put on the enhanced rate

Please don't compare yourself to someone else. No one knows exactly how our conditions affect us, only the person experiencing those difficulties. You don't know what goes on behind closed doors. We are all affected differently by these conditions.

J_D

I appreciate your reply poppy, however I feel a little ignored as that wasn't what I asked or implied. Given how much anxiety this has been causing me, and I'm sure others in a similar situation, I think it's important to be supportive

poppy123456 said:

Please don't compare yourself to someone else. No one knows exactly how our conditions affect us, only the person experiencing those difficulties. You don't know what goes on behind closed doors. We are all affected differently by these conditions.

I couldn't agree more with you on that point, but I think you've done the exact same thing you said I shouldn't do, or what to me reads as telling me off. You don't know my connection to this person. I've known them for 8+ years and we've lived together for 5+. So please, even if with good intentions, don't shut people down and tell them what to do especially since, as you said, "you don't know what goes on behind closed doors"

poppy123456

J_D said:

I appreciate your reply poppy, however I feel a little ignored as that wasn't what I asked or implied. Given how much anxiety this has been causing me, and I'm sure others in a similar situation, I think it's important to be supportive

poppy123456 said:

Please don't compare yourself to someone else. No one knows exactly how our conditions affect us, only the person experiencing those difficulties. You don't know what goes on behind closed doors. We are all affected differently by these conditions.

I couldn't agree more with you on that point, but I think you've done the exact same thing you said I shouldn't do, or what to me reads as telling me off. You don't know my connection to this person. I've known them for 8+ years and we've lived together for 5+. So please, even if with good intentions, don't shut people down and tell them what to do especially since, as you said, "you don't know what goes on behind closed doors"

I did answer your question, other than i missed out on the advice where you should continue with the Tribunal as well.

I'm sorry if it came across as i was "telling you off" i was doing no such thing. Though i stand by what i said, just because you live with the person it doesn't mean you know everything about their conditions.

I live with my daughter but this doesn't mean she knows everything there is to know about my health conditions and how they affect me.

I won't comment further on your thread but i will wish you good luck for your assessment and the Tribunal.

Tori_Scope

I don't imagine that any users intended to make you feel ignored or told off @J_d.

It can certainly be an anxiety-inducing process for many people! You're certainly not the only one to feel this way. I know that won't take your anxiety away, but I hope that being on the community, and hearing about other people's experiences, can help you to feel a little less alone  

Have you thought any more about what your next steps will be? 

J_D

Hi @Tori_Scope , 

Thank you for the kind words, it does mean a lot. I'd like to think people are well intentioned, especially on here. I've always read the Scope forums (but just signed up recently) and found everyone to be super nice and helpful! 

I've been thinking about this a lot and I feel the best option is to wirthdraw my second application and wait for the tribunal date, but doubting myself a lot with this. I think part of me wants to avoid the tribunal... I've got a lot of medical and other evidence + the asessor's report which is entirely filled with wrong and false info. The assessor contradicts themselves many times, and basically disagrees with 5 different doctors! My answers during the phone assessment were also changed on the report, but I've got a recording of the call luckily (They were aware of this).

So it's not that I'm worried about the tribunal outcome, and I realise it could still be decided against my favour even with all that of-course. I guess as a person that's not used to asking for any kind of help, going to a tribunal seems like a lot, if that makes sense. I was even too "timid" to apply for PIP until I was encouraged. To clarify, I'm not at all saying "not asking for help" is a good thing, I actually wish I felt differently about it!

poppy123456

The only issue ther could be with withdrawing your 2nd claim is that you’ve now got what is called a closed period so if the Tribunal goes in your favour then you will only be owed money up until the date of the 2nd claim. 

You need to get expert advice before withdrawing that 2nd claim. 

calcotti

poppy123456 said:

The only issue ther could be with withdrawing your 2nd claim is that you’ve now got what is called a closed period so if the Tribunal goes in your favour then you will only be owed money up until the date of the 2nd claim. 

You need to get expert advice before withdrawing that 2nd claim. 

I’m not sure that would be the case. The closed period would be created by having a determination of the claim. I think a withdrawal of the claim may leave any tribunal decision as open ended - but DWP may not accept a withdrawal. Would definitely get advice.

J_D

@poppy123456 and @calcotti thank you both for your inputs, definitely very helpful! I believed the tribunal could overreach DWP's decisions, so didn't even think a 2nd application would make a difference, especially if they found DWP's initial decision to be wrong. It looks like somewhat of a grey area, and as you guys said I'll wait to confirm before withdrawing it.

Might be a silly question but who would I get such advice from? Should I just call DWP or do I need to contact a seperate organisation?

poppy123456

Please do not ring PIP/DWP for any advice like this because they are not benefits advisors. See link and choose a topic "welfare benefits" this will tell you what advice agency is local to you. https://advicelocal.uk/

J_D

That makes sense! Thank you for the link, just started having a look at what's available around me. Will update the post once I find out the answer, in case it helps others.