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Pip advisor

tara2019
tara2019 Community member Posts: 234 Pioneering
in PIP, DLA, and AA
Been to see universal credit and pip advisor the pip advisor has said I need to put in new claim today as my conditions have worsen I applied for pip nov 18 taken to tribunal should take place about middle April 20 I've been advised it wont affect tribunal if I start new claim today is this the right advice I'm given 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 53,929 Disability Gamechanger
    Hi,

    I disagree with the advice you were given by the adviser that you spoke to. Starting a new PIP claim will indeed affect the Tribunal that you're waiting for. Starting a new claim will mean that any new decision made on the new claim will override the Tribunal decision. This means that if the Tribunal award you PIP and the decision on the new claim doesn't award you PIP then you will lose everything you already had. A new claim could take several months and your Tribunal date could be soon. If it was me then i'd wait for my Tribunal and not start a new claim right now.

    A worsening of condition doesn't mean you'll be awarded by DWP if you start a new claim, especially if you use the same evidence you previously used.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • tara2019
    tara2019 Community member Posts: 234 Pioneering
    Hi poppy it's all new evidence I've got now from last yr and this year which the dwp dont have the pip advisor said start a new claim today then go to tribunal if they award enhanced the will overturn new claim and carry on with old claim but if tribunal not enhanced on tribunal should award enhanced on new claim 
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  • poppy123456
    poppy123456 Community member Posts: 53,929 Disability Gamechanger
    If only it was that simple. Personally. i wouldn't start a new claim, i'd wait for the Tribunal on your current claim.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • tara2019
    tara2019 Community member Posts: 234 Pioneering
    Thanks poppy for all your advice the dwp offered standard on daily living no mobility at mr 2019 stage due to a slip of pen from assessor and can I add she ticked the wrong box twice but would only give me standard if I dropped the tribunal so got no award due to no award on mobility last yr until now a lot has changed I've lost my job of 28yrs I can't walk at all now I cant drive i need my daughter n son 24hrs to care for me I had emergency mri which says not a good outcome but going through my 1st claim for pip 2018 I no how the dwp work and I think I'm more clued up my doctor specialist are supporting me I've got more evidence now to back my case sorry for going on but as I told pip advisor if I had received pip when I 1st applied. my decision regarding work would of been different instead I was forced to go to work in serious agony I've had 26 weeks n 6 weeks holiday off work from 3rd march 2019 until now n I've slipped 3 more discs which has trapped both nerves 
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  • Alice_Holt
    Alice_Holt Community member Posts: 46 Courageous
    edited March 2020

    Who was the PIP advisor - a jobcentre / DWP employee, or someone from Welfare Rights / CAB ?

    If it is because you have got new evidence to support the claim you are appealing, then I would strongly agree with poppy.   If you put in a new claim, then the tribunal decision on your disputed claim will be time limited. That tribunal award will end when you submit your new claim.  Poppy has explained this in her post.
    When assessing your new claim, it is quite possible that the DWP will refer back to the claim you are disputing and make the same decision again. If this happens you are back at square one, and going through a long appeal process again with the new claim.

    The tribunal will be looking at your condition on the date that the DWP disallowed the disputed claim.  If your condition and abilities have significantly worsened since that date, and your new PIP2 form would be considerably different to the first form - then putting in a new claim may be worth thinking about. The key is whether the new / worsening condition(s) would get you a higher award than the award expected on appeal.    
    To assess this you need to go through the PIP descriptors very carefully, along with the
     PIP assessment guide.

    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

    If you do decide to make a new claim, it will certainly complicate matters, and may well not give you the outcome you want.  Tribunal panels are much more thorough and competent at awarding the correct decision than ATOS / Capita / etc assessors. Personally I probably would rather await the tribunal - bank that award - and then (if there has been a significant worsening) put in a supersession with the help of your local advice agency.   

    I would absolutely not put in a new claim just because you have new evidence that would support your appeal. Especially with a short period to the tribunal. 
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  • poppy123456
    poppy123456 Community member Posts: 53,929 Disability Gamechanger
    You're welcome. I'm sorry to hear that. Please do be aware that PIP isn't about not being able to work, people claim PIP and work. Whether you start another claim or not is your decision, personally, i would wait but that's my choice. Please also be aware of the 3 month rule, you must have experienced the worsening of condition for at least 3 months and expect it to last at least another 9 months.

    What ever you decide, good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • tara2019
    tara2019 Community member Posts: 234 Pioneering
    Thanks for all advice 
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  • tara2019
    tara2019 Community member Posts: 234 Pioneering
    The pip advisor was at dwp job centre and we asked him a few times would this do anything to tribunal he told us it wouldn't effect the old claim I have phoned dwp new claim yesterday I'll phone tribunal today 
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  • poppy123456
    poppy123456 Community member Posts: 53,929 Disability Gamechanger
    To be honest, i wouldn't trust anyone from the job centre to give me any advice regarding any benefit claim....
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Alice_Holt
    Alice_Holt Community member Posts: 46 Courageous
    poppy123456 said:
    To be honest, i wouldn't trust anyone from the job centre to give me any advice regarding any benefit claim....
         Nor would I.

         The amount of misinformation given to our Citizens Advice client's by DWP call-handlers and JC staff, even about basic benefit stuff, is frightening.

         To opine on PIP appeals is particularly poor, as it's not their area of knowledge.  Please get accredited benefit advice, don't act on the words of a JC employee without verifying the info is correct.

       Are you getting help with your appeal?
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  • tara2019
    tara2019 Community member Posts: 234 Pioneering
    I'll cancel the new claim and wait for appeal date which should be in next couple of months then if I dont get award which I need than put in new claim straight after is that what I should do 
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