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I need advice
kath1234
Member Posts: 11 Listener
I had little knowledge of filling out the pip claim form, it was too emotional and not enough medical evidence. I went through to the reconsideration with still no joy. There has been many changes, my son is now under the mental health team, gp and has a care plan in place. Do I go for a tribunal or go for a new claim. my instinct is telling me to do a new claim and start a fresh with all this new evidence. please can anyone advice.
Replies
If you utilise the appeal process, it may take 6-8 months before you get a hearing. At this hearing, the tribunal will only be able to take into account your son's condition up to and including the date of the decision to refuse the claim. Anything that has happened after that cannot be taken into account, unless it relates to a condition that he had before the decision.
You could even appeal against the old decision and make a new claim, but doing this would restrict the powers of the tribunal as it would only be able to award the benefit (if it decided to do so) from the date of the first claim up to the day before the new claim began. The new claim would then be subject to its own decision which could lead to another appeal if refused.
I know you are tempted to do a new claim but your son could be missing out on backpay if you decided not to pursue the first claim.
It's a very difficult decision and it's difficult because you don't know what the decisions will be but I hope at least now you have the information you need to make an informed decision.
Lee
Sorry I don't get to read my board often, I have sent you a reply
CR