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kath1234
kath1234 Community member Posts: 11 Listener
in PIP, DLA, and AA
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.
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hi kath1234,

    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
    The Benefits Training Co:

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  • kath1234
    kath1234 Community member Posts: 11 Listener
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    The claim was made on the 25th Oct 2017. At that point he hadn't seen a doctor, mental health or taken meds for 15 months. December he had the face 2 face. Still no medical evidence so whatever I said on his behalf was not valid. December his mental health declined but the name of the condition didn't change just got worse. This is why I have the evidence now of him having this problem and he's under their care. The dwp have lied on both the claim and the reconsideration results and there doesn't seem to be away of proving this. With all this mentioned do I still go ahead to tribunal because what you said before did make sense. I just need clarification after giving you more insight 
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  • kath1234
    kath1234 Community member Posts: 11 Listener
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    He suffers with paranoia as well which I didn't put down in the claim. This is the problem, I didn't write it all down on the form. I proper messed up. This admission doesn't excuse them telling lies. 
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  • [Deleted User]
    [Deleted User] Posts: 1,741 Listener
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    The user and all related content has been deleted.
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  • kath1234
    kath1234 Community member Posts: 11 Listener
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    Thankyou I have contacted cockneyrebel already but many thanks 
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    edited March 2018
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    Hi kath
    Sorry I don't get to read my board often, I have sent you a reply

    CR
    Be all you can be, make  every day count. Namaste
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