Pip tribunal and reapplying while waiting a hearing date

hayley5
hayley5 Online Community Member Posts: 43 Contributor
in PIP, DLA, ADP and AA
Hi so I’ve been waiting for a hearing date since July last year (2023) I’ve spoken to citizens advice and they’ve advised I reapply while waiting on a hearing date for tribunal I called and requested forms but now I’m worried that CAB have given me the wrong advice and now I may have jeopardised my tribunal  and possibal  backdated pay ? Could I get some thoughts please 

Comments

  • hayley5
    hayley5 Online Community Member Posts: 43 Contributor
    Thank you for reply. I have been emailing the courts and there reply has been the same since January ( ready for listing waiting on judge to provide date and time) it’s just so frustrating 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    What was their reason for advising you to reapply? 

    It’s complicated when you start a new claim while waiting for a Tribunal hearing and it’s not something I would personally advise.

    When you do this you are creating a closed period. This means that if the Tribunal decision is in your favour then you will only be awarded up until the day before you started your new claim. 

    Not only that, any new decision made on your new claim will overrule the Tribunal decision. If they refuse again then you will be back in the same boat you’re in now and the whole process starts all over again.


  • hayley5
    hayley5 Online Community Member Posts: 43 Contributor
    Hi thank you for your reply. I’m not to sure they just suggested reapplying while waiting incase it’s refused in court then I’ve already got a new claim rolling. I haven’t filled any forms in yet as I haven’t received them so if I just left them would it still be classed as a new claim? Many thanks 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Giving advice based on "just in case" is terrible. Providing you either appear in person or have a telephone/video hearing there's a 68% chance of success. What they should have done is ask you how your health conditions affected you at the time of your assessment and then see if there's any entitlement based on that. Then ask how your conditions affect you now before giving any further advice. 

    As you've now reapplied if you don't return the form you could be refused, which will still affect the length of any possible award by the Tribunal. 

    You can try ringing PIP tomorrow morning and explain to them what's happened and tell then you shouldn't have reapplied and see if they can cancel that. 

    I do understand how frustrating it is waiting for a hearing date but the length of time you've been waiting is normal. There's nothing you can do in the meantime, other than wait. 

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