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Tribunal Success - What happens next?
FionaMay
Member Posts: 7 Connected
Hi everyone. Had my telephone Tribunal yesterday and went from 0 points Personal Care and 4 points Mobility to enhanced on both for three years. I am in shock (but in a good way).
It has been a nightmare and I was so sure I would fail. I have lurked here and not posted much, but read every thread and took note of all the great advice. I would like to especially thank @mikehughescq for his no-nonsense posts, they really helped me to focus on what needed to be done. I didn't have a rep so sent a short submission two weeks before the hearing, outlining the points I thought a representative might have made.
I need some further advice. Because I thought the wait was going to be much longer I submitted a new claim in April. The DWP acknowledged receipt of the form by text but haven't written since. Do I need to withdraw the claim or ask for the Tribunal decision to supercede the claim? The Judge asked me if I had heard from the DWP and said they could award for longer than the closed period the DWP had notified them of.
It has been a nightmare and I was so sure I would fail. I have lurked here and not posted much, but read every thread and took note of all the great advice. I would like to especially thank @mikehughescq for his no-nonsense posts, they really helped me to focus on what needed to be done. I didn't have a rep so sent a short submission two weeks before the hearing, outlining the points I thought a representative might have made.
I need some further advice. Because I thought the wait was going to be much longer I submitted a new claim in April. The DWP acknowledged receipt of the form by text but haven't written since. Do I need to withdraw the claim or ask for the Tribunal decision to supercede the claim? The Judge asked me if I had heard from the DWP and said they could award for longer than the closed period the DWP had notified them of.
Replies
Good Morning & Well Done 🍾🍾🍾🍾🍾
Sorry but I am unsure if we have already meet.
Here’s info on PIP below.
https://www.scope.org.uk/advice-and-support/personal-independence-payment-pip/
@steve51
The kasdt thing you want is a new claim starting and going through the whole process again and maybe losing what you have got now
@poppy123456 can you help here
Good Evening.
Poppy has asked if you could have a look at this post ?????
Hi @FionaMay
I have forwarded your post onto Mike as mentioned by Poppy in her previous post.
I do hope that we can help you out with your current problems.
@steve51
I am very very sorry I don’t think Mike was very happy though!!!!
Do you want me to look into things in the meantime?????
@steve51
All is well with the world. I got a notification email as @FionaMay had tagged me. A tag for a thanks is always welcome. No idea what I did but there you go
Thank you everyone. I haven't directly chatted to @mikehughescq but have read dozens and dozens of threads on here over the last six months or so and have taken note of any info which might be relevant to my situation. The advice provided by Mike, Poppy and others has been really helpful and I think it is one of the strengths of this site that there are experienced people who can tell you how to either avoid problems or navigate through them if you encounter them.
Despite my carers best Googling efforts there doesn't seem to be much information out there regarding fresh claims while waiting for a Tribunal hearing, which is odd because I can't be the only one who has done this. My reasons were the waiting times for my local hearings were circa 58 weeks when I enquired in March and, like so many PIP claimants, the assessors report was a complete mess. Some of what she could see for herself did get into the report but she had chosen 0 points for every descriptor except for the last and I got no award.
I decided that a new claim with more anecdotal evidence and a brace of up to date consultant reports was my best option. one of the reasons for refusal the DM gave was that I had not seen a specialist recently.
I found a thread on Rightsnet where a Rep had a client in a similar situation to me but it is from four years ago:
https://www.rightsnet.org.uk/forums/viewthread/9747/
This thread mentioned the Advice for Decision Making Guide, particularly chapter A5. The website is the Northern Ireland Government website so I don't know if it also applies to the rest of the UK, I am in England so I hope it does:
https://www.communities-ni.gov.uk/sites/default/files/publications/communities/dm-adm-chapter-a5.pdf
A5013: Where a further claim is made and has been determined, the Tribunal cannot consider any period after the effective date of the decision on that claim. The Tribunal should always be informed in a further response where a further claim is decided before the hearing.
A5014: Once the appeal is heard and the Tribunal has made a decision, the decision maker may need to revise any 1. decision on a further claim or 2. superseded decision to take account of the Tribunal's decision1 . See ADM Chapter A3: Revision.
The Tribunal had been notified of my new claim but that no decision had been made yet, which was sent back in June, and the Judge asked me if I had heard from them. I had not and he said they could award for longer than the closed period. I actually asked "Are you sure?" and he (probably with an eye-roll) said yes.
As far as I can tell, if the hearing takes place before a decision on a second claim has been made the Tribunal can award from the start date of the first claim to whatever date they consider to be appropriate, in my case three years. If a decision has been made then that superseeds the Tribunal decision.
I have called the CAB national line but they didn't know the answer and the DWP advice line operator congratulated me, said the Tribunal decision notification was on the system and she would get someone to send a letter out to me. This was nice of her but not what I was asking.
Scope
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